High Court Bar Contestation in Supreme Court Regarding Permission for Utilizing Living Individuals' Names, Images of Former Chief Ministers in Advertisements (Madras High Court Ruling)
The Supreme Court has quashed the Madras High Court's interim order from July 31, which restrained the Tamil Nadu government from using Chief Minister M.K. Stalin’s name and photograph in welfare scheme advertisements. This decision came from a bench headed by Chief Justice B.R. Gavai and comprising Justices K. Vinod Chandran and N.V. Anjaria.
The court's ruling came in response to an appeal filed by the Tamil Nadu government and the ruling DMK party against the Madras High Court's order. The High Court's order had barred the government from using names or images of living political figures, former Chief Ministers, ideological leaders, or party symbols in government scheme promotions.
The Madras High Court's interim order was based on Supreme Court guidelines and the 2014 Government Advertisement Content Regulation Guidelines. However, the court allowed the use of the current CM's photograph under certain contexts but banned the use of former CMs, ideological leaders, and party emblems in advertisements, ruling such use prima facie violated legal norms.
Senior Advocate Mukul Rohatgi made a mentioning for an urgent listing of the plea, describing the case as "very unusual and urgent." He questioned the ban on the use of names of political figures for social benefit schemes introduced by the government.
The High Court stated that including the names of political figures in the title of a government scheme was not allowed. The case was related to a new government scheme that was launched using the current Chief Minister's name, images of ideological leaders, and the ruling party's (DMK's) symbols, allegedly in violation of Supreme Court guidelines and the 2014 Government Advertisement (Content Regulation) Guidelines.
The AIADMK and DMK are the parties involved in this case, as they are the ruling and opposition parties in the State, respectively. The interim order under challenge was passed by a High Court Bench composed of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan on July 31.
The CJI has agreed to list the matter for hearing on Wednesday, August 6. The Supreme Court also imposed a ₹10 lakh cost on AIADMK MP C.V. Shanmugam, who had filed the original petition before the High Court. The fine was directed to be used for welfare schemes benefiting underprivileged people in Tamil Nadu. The court observed that political battles should be settled at the ballot box and courts should not be used for such disputes.
In summary, the Supreme Court has restored the Tamil Nadu government's freedom to use the names and images of political figures like the CM in welfare schemes' advertising, overturning the Madras High Court's restrictions.
The Supreme Court has ruled against the Madras High Court's interim order, enabling the Tamil Nadu government and the ruling DMK party to use the Chief Minister's name and photographs in welfare scheme advertisements, as per seniors advocate Mukul Rohatgi's request for an urgent listing of the plea. This decision follows a ruling that the ban on using the names of political figures in government scheme promotions, as stated by the High Court, prima facie violated legal norms.
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