On Thursday Shah Rukh Khan refused to accept the charges levelled against him stating he defied the Anti-Smoking Act during recent Twenty20 cricket match in Mumbai and the Hindustan Times summit in Delhi.

A legal notice had been issued to Khan under The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 by National Organisation for Tobacco Eradication (NOTE), an NGO, for allegedly smoking in public.

They contended that Khan was setting the wrong example for younger generation while defying the Anti Smoking Act.

A solicitor for Shah Rukh said although the star attended the Twenty20 match, he was at no point of time inside 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," stated a reply sent by Shah Rukh's solicitor.

The reply also made it clear that Shah Rukh was in an open space while he watched the match, 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.

Additionally Shah Rukh's solicitor said the telecast of the event was neither in the control, influence, nor by request 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.

The same argument was used to rebut the second charge of smoking at a conference in Delhi, saying the venue was a private hotel.

"I never expected him to accept his fault legally, but as a human being and a star, he should have at least accepted his fault morally," NOTE official Shekhar Salkar said.

Promotion of smoking in public places carries a fine of Rs 200.