National Organisation for Tobacco Eradication (NOTE), an NGO, had issued legal notice to Khan under The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 for allegedly smoking in public.
The anti-tobacco NGO had objected to superstar's alleged smoking in public during India-Australia Twenty20 cricket match and the HT Summit. They had contended that he was setting a wrong example for younger generation while defying the Anti Smoking Act.
A lawyer for Shah Rukh said though the star attended the Twenty20 match, he was at no point of time present in any air- conditioned enclosure. "He watched the match from an open private gallery which was reserved by the Cricket Club of India for persons to be admitted by invitations only.
"Nothing contained in the notice should be deemed to constitute any waiver or admission by our client. We advise you to withdraw your notice forthwith," said a reply sent by Shah Rukh's advocate.
The reply mentioned that Shah Rukh watched the match from an open space which is expressly excluded from the definition of a public place as per section 3 (1) of the Act.
"A space where the general public does not have any access and is therefore excluded from the the definition of a public place as per section 3 (1) of the Act," it stated.
Shah Rukh's advocates also said the telecast of the event was neither in the control or influence or at the behest of their client. "That being so, the element of intent to advertise or to promote is absent in the present case and allegations in this regard are misplaced," the lawyers stated.