New Delhi, Sept. 29: The Supreme Court today refused to stay the planned ban on smoking in public places, clearing the way for the curbs to kick in from October 2.

Cigarette-makers led by the Calcutta-based ITC had filed the plea.

“We are of the view this is not a fit case for granting relief,” a two-judge bench headed by Justice V.N. Agarwal said after hearing arguments from the companies.

The firms had filed the plea last week for a stay on the order, notified in May, till a decision on the ban’s legality.

The bench rejected their plea on the ground that courts wouldn’t “normally stay a legislative measure” while they decided the matter.

The judges asked other courts to refrain from passing any orders on the ban, accepting a request from the Centre which had expressed fears that cigarette-makers could secure orders from lower courts that would stall the October 2 deadline.

The Centre had also sought transfer of all such cases pending across the country to the apex court. The bench issued notices on these petitions to all parties, including some consumer groups opposed to smoking, and listed the matter for further hearing on November 17.

Under the new rules, smoking will be banned in any place that members of the public have access to either by right or otherwise. The list includes workplaces, malls, cinemas, hotels, refreshment rooms, banquet halls, discotheques, canteens, coffee houses, pubs, bars and airport lounges.

The curbs will also apply to open spaces surrounding these areas.

Every office, whether public or private, will be required to have a smoking space separated from the rest of the premises. An airflow system will be a must, too.

The owner, proprietor, manager and supervisor in charge of a public place will have the responsibility to enforce the ban. They will also have to ensure that no-smoking warnings are displayed prominently at entrances.

Smoking will be forbidden in open auditoriums, stadiums, railway stations, bus stop/stands and other such places.

According to the notification issued for the curbs, “no ashtrays, matches, lighters and other things designed to facilitate smoking can be provided in the public place”.

ITC counsel Harish N. Salve expressed fears the ban would usher in “inspector raj”.

“It is not a question of a small fine of Rs 200 or that the offence was compoundable…. it is a question of the harassment that would follow.”

“People can’t even step into the open space outside their offices and smoke…. If they do, they run the risk of being harassed.... We can’t have a nanny state,” he added.