Karnataka High Court
WP/19993/2026 of MRS. MELANIE SEBASTIAN Vs UNION OF INDIA on 21 July 2026
CNR: KAHC010444062026 NC: 2026:KHC:37309-DB WP No. 19993 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.19993 OF 2026 (GM-RES-PIL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.19993 OF 2026 (GM-RES-PIL)
BETWEEN:
MRS. MELANIE SEBASTIAN
AGED ABOUT 43 YEARS,
D/O TOMY SEBASTIAN
RESIDING AT #511, VARS FANTASY,
1ST MAIN KODIHALLI,
BANGALORE NORTH
BANGALORE,
KARNATAKA - 560008.
…PETITIONER
(BY SRI. ALWYN SEBASTIAN, ADVOCATE)
AND:
1.
UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ELECTRONICS AND
INFORMATION TECHNOLOGY (MEITY),
ELECTRONICS NIKETAN, 6, CGO COMPLEX,
LODHI ROAD, NEW DELHI - 110 003.
2.
STATE OF KARNATAKA,
THROUGH THE PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE,
VIKASA SOUDHA, BENGALURU,
KARNATAKA - 560001.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
3.
THE COMMISSIONER OF POLICE,
BENGALURU CITY POLICE,
INFANTRY ROAD, BENGALURU,
KARNATAKA - 560001.
4.
DEPARTMENT OF TELECOMMUNICATIONS (DOT),
THROUGH THE DEPUTY DIRECTOR
GENERAL (COMPLIANCE),
KARNATAKA TELECOM CIRCLE,
NO.1, S.V. ROAD,
HALASURU, BENGALURU
KARNATAKA - 560008.
…RESPONDENTS
(BY SRI. S. RAJASHEKAR, CGSC FOR R-1;
SMT. NILOUFER AKBAR, AGA FOR R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF
KARNATAKA RULES, 2018 PRAYING TO ISSUE A WRIT OF
MANDAMUS
DIRECTING
RESPONDENT
NOS.1
AND
TO
IMMEDIATELY IDENTIFY, BLOCK, AND PULL DOWN ALL WEBSITES, MOBILE APPLICATIONS AND ONLINE PORTALS OPERATING IN
KARNATAKA
THAT
SELL
OR
ADVERTISE
ELECTRONIC
CIGARETTES AND VAPES; ISSUE A DIRECTION TO RESPONDENT
NOS.2 AND 3 TO FORM A DEDICATED TASK FORCE TO MONITOR, INTERCEPT AND PENALISE ONLINE DELIVERY AGENTS AND
LOCAL DISTRIBUTORS SUPPLYING VAPES TO MINORS.
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned Additional Government Advocate accepts notice for respondent Nos.2 and 3.
2. Mr. S. Rajashekar, learned Central Government Standing Counsel accepts notice for respondent No.1.
3. The petitioner has filed the present petition, as a public interest litigation, inter alia, praying that respondent Nos.1 and 4 be directed to identify, block and pull down all websites, mobile applications and online portals operating in Karnataka that advertise or sell electronic cigarettes and vapes.
4. The petitioner points out that the sale of electronic cigarettes and vapes are prohibited under the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 [the Act].
HC-KAR
5. It will be open for the petitioner to point out the specific instance of violation of the provisions of the Act to the concerned authorities. Needless to state, if any instance of violation of the said Act is pointed out, the concerned authorities are required to take steps in accordance with law.
6. The petition is disposed of with the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 18