The Supreme Court on Friday dismissed a plea seeking to ban the sale, circulation, and display of Arundhati Roy’s book, Mother Mary Comes to Me, over its cover showing her smoking a “bidi” or cigarette, which the petitioner claimed violated the law.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi rejected the appeal filed by Rajasimhan against the Kerala High Court’s dismissal of a PIL on the matter.

"She is a renowned author. She has not promoted such a thing. There is a warning in the book, and she is a prominent person as well. Why do such a thing for publicity? There is no hoarding in the city with the picture of the book. It is for someone who will take the book and read it. Her picture with it does not portray any such thing," the CJI said.

The bench noted that neither Roy nor the publisher, Penguin Hamish Hamilton, had violated Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

This provision bars the advertisement, promotion, and sponsorship of cigarettes and other tobacco products, "banning direct ads, surrogate ads, promoting through media, displays, leaflets, and any activity suggesting tobacco use, with strict penalties." It does, however, permit health warnings on packages and some specific retail point displays.

"We see no reason to interfere with the impugned High Court order," the CJI added.

The petitioner’s counsel argued, "We don't know it's a 'ganja beedi' or a 'normal beedi'. She is herself shown smoking it." He also contended that the book carries only a small disclaimer and lacks a prominent warning as mandated under the law.

Responding, the CJI stated, "Book, publisher or author has nothing to do with advertising for cigarettes etc. This is not an advertisement. You may disagree with the views of the author... but that does not mean such a case can lie."

'Mother Mary Comes to Me' is a memoir authored by Roy.