Disposed¶47

Mrs. Melanie Sebastian v. Union of India

Karnataka HC21 Jul 2026WP/19993/2026

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), WP No. 19993 of 2026 (GM-RES-PIL), Melanie Sebastian v. Union of India (MeitY), State of Karnataka, Commissioner of Police Bengaluru and DoT; PIL seeking blocking of e-cigarette/vape websites, apps and portals under the Prohibition of Electronic Cigarettes Act, 2019 and a task force against supply of vapes to minors; disposed at preliminary hearing on 21-07-2026 by Vibhu Bakhru, CJ and K.S. Hemalekha, J; petitioner left free to report specific violations to authorities, who must act in accordance with law.

What did the court decide?

Liberty to the petitioner to point out specific instances of violation of the Act to the concerned authorities; the prayed-for mandamus directions (blocking of websites/apps and constitution of a task force) were not granted. ¶47

Mrs. Melanie Sebastian Vs Union of India — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶47

Issue for consideration

Whether respondent Nos.1 and 4 should 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. +1 more

¶40

Court's answer

The mandamus sought was not issued; the petitioner remains free to point out specific instances of violation of the Prohibition of Electronic Cigarettes Act, 2019 to the concerned authorities.

¶46

Ratio / Principle

If any instance of violation of the Act is pointed out, the concerned authorities are required to take steps in accordance with law.

¶46

Detailed headnote1 paragraphs

Public interest litigation (W.P. No.19993 of 2026, GM-RES-PIL) filed by Mrs. Melanie Sebastian under Article 226 of the Constitution of India r/w Rule 14(1) of the High Court of Karnataka Rules, 2018, seeking mandamus directing respondent Nos.1 (Union of India, MeitY) and 4 (Department of Telecommunications) to identify, block and pull down all websites, mobile applications and online portals operating in Karnataka that sell or advertise electronic cigarettes and vapes — prohibited under the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 — and directing respondent Nos.2 (State of Karnataka) and 3 (Commissioner of Police, Bengaluru City Police) to form a dedicated task force to monitor, intercept and penalise online delivery agents and local distributors supplying vapes to minors. At the preliminary hearing, the Division Bench (Vibhu Bakhru, Chief Justice and K.S. Hemalekha, J), per Vibhu Bakhru, CJ, disposed of the petition, observing that the petitioner may point out specific instances of violation of the Act to the concerned authorities, and that if any such instance is pointed out the authorities are required to take steps in accordance with law; no directions were issued.

¶1

¶2

NC: 2026:KHC:37309-DB WP No. 19993 of 2026

¶3

HC-KAR

¶4

CNR: KAHC010444062026

¶5

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶6

DATED THIS THE 21^ST DAY OF JULY, 2026

¶7

PRESENT

¶8

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

¶9

AND

¶10

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

¶11

WRIT PETITION NO.19993 OF 2026 (GM-RES-PIL)

¶12

BETWEEN:

¶13

MRS. MELANIE SEBASTIAN AGED ABOUT 43 YEARS, D/O TOMY SEBASTIAN RESIDING AT #511, VARS FANTASY, 1^ST MAIN KODIHALLI, BANGALORE NORTH BANGALORE, KARNATAKA - 560008.

¶14

…PETITIONER

¶15

(BY SRI. ALWYN SEBASTIAN, ADVOCATE)

¶16

Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka

¶17

AND:

¶18

UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (MEITY), ELECTRONICS NIKETAN, 6, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003.

¶19

STATE OF KARNATAKA, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU, KARNATAKA - 560001.

¶20

¶21

HC-KAR

¶22

NC: 2026:KHC:37309-DB WP No. 19993 of 2026

¶23

CNR: KAHC010444062026

¶24

THE COMMISSIONER OF POLICE, BENGALURU CITY POLICE, INFANTRY ROAD, BENGALURU, KARNATAKA - 560001.

¶25

DEPARTMENT OF TELECOMMUNICATIONS (DOT), THROUGH THE DEPUTY DIRECTOR GENERAL (COMPLIANCE), KARNATAKA TELECOM CIRCLE, NO.1, S.V. ROAD, HALASURU, BENGALURU KARNATAKA - 560008.

¶26

…RESPONDENTS

¶27

(BY SRI. S. RAJASHEKAR, CGSC FOR R-1; SMT. NILOUFER AKBAR, AGA FOR R-2 & R-3)

¶28

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 4 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.

¶29

¶30

HC-KAR

¶31

NC: 2026:KHC:37309-DB WP No. 19993 of 2026

¶32

CNR: KAHC010444062026

¶33

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶34

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA

¶35

ORAL ORDER

¶36

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

¶37

The learned Additional Government Advocate accepts notice

¶38

for respondent Nos.2 and 3.

¶39

Mr. S. Rajashekar, learned Central Government Standing Counsel accepts notice for respondent No.1.

¶40

T he 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.

¶41

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 ].

¶42

¶43

HC-KAR

¶44

NC: 2026:KHC:37309-DB WP No. 19993 of 2026

¶45

CNR: KAHC010444062026

¶46

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.

¶47

The petition is disposed of with the aforesaid terms.

¶48

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

¶49

Sd/(K.S. HEMALEKHA) JUDGE

¶50

MBM

¶51

List No.: 2 Sl No.: 18

Mrs. Melanie Sebastian v. Union of India

Case brief

What is this about?

What did the court decide?

Mrs. Melanie Sebastian v. Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Gmm Enterprises Vs State of Karnataka

Smt G Selvi Vs the Commissioner

Sri R M Mahadevappa Vs State of Karnataka

M/S R B Seth Shreeram Narasingdas Vs Monitoring Committee

Rathnamma Vs Sri. Munish Moudgil I.A.S

Mr. v. Narayanaswamy Vs Hosakote Planning Authority- Bmrda