New Delhi, Aug 4 The Tamil Nadu government has moved the Supreme Court against a Madras High Court order that barred it from using images of living persons, former Chief Ministers, ideological leaders, or political party symbols in advertisements for government‑run welfare schemes.
After senior advocate Mukul Rohatgi mentioned the Tamil Nadu government’s special leave petition (SLP), the Chief Justice of India (CJI) agreed to list the matter for urgent hearing this week.
“This is an extremely urgent and unusual case. The Madras High Court has passed an order that no scheme of the state government can have the name of the Chief Minister or any other political figure. Why cannot we (state government) name a scheme? These are schemes for the welfare of the poor,” submitted Rohtagi.
The Madras High Court, in an order passed on July 31, held that while photographs of the incumbent Chief Minister may be permissible, featuring ideological figures, former Chief Ministers, or party insignia in government schemes would be against the directives of the Supreme Court.
A Bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan was hearing a public interest litigation (PIL) filed by AIADMK MP C. Ve. Shanmugam, who alleged that the ruling DMK government violated apex court guidelines by branding public welfare schemes with the name and image of the Chief Minister, along with photos of former party leaders and ideological icons.
Referring to successive directives issued by the Supreme Court on regulating the content of government advertisements, as well as the Election Commission of India's 2014 Guidelines on Government Advertisement (Content Regulation), the Bench led by Chief Justice M.M. Shrivastava passed an interim order barring the Tamil Nadu government from including the name of any living political personality, or photographs of former Chief Ministers or ideological leaders of any political party, in advertisements related to welfare schemes.
“It would not be permissible to mention the name of the living political personality in the nomenclature of the government scheme.
Moreover, using the name of any ruling political party, its insignia/logo/emblem/flag also appears to be prima facie against the directives of the Supreme Court and the Election Commission of India,” the Madras High Court said, while clarifying that its order does not restrict the launch or implementation of government welfare programmes.
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