Tamil Nadu Govt Moves Supreme Court Against HC Restraint On Naming Welfare Schemes After Living Persons, Former CMs

The State of Tamil Nadu has approached the Supreme Court challenging the interim order passed by the Madras High Court restraining the use of names and photographs of living personalities, former Chief Ministers, party leaders or political parties for government welfare schemes.

A bench led by Chief Justice of India BR Gavai agreed to list the matter this week after Senior Advocate Mukul Rohatgi, for the State, mentioned it for urgent listing.

"This is an extremely urgent and unusual case. The High Court of Madras has passed an order that no scheme of the Government can have the name of the Chief Minister or any other political figure. This is completely contrary to your lordship's judgment which said don't put the photographs except the photos of Prime Minister, Chief Minister. Why can't we name a scheme? These are schemes for the welfare of the poor," Rohatgi submitted.

When the CJI agreed to list the matter this Friday, Rohatgi requested an earlier date. CJI agreed.

The High Court's interim order is to the effect that while launching and operating government welfare schemes through various advertisements, the name of any living personality, photograph of any former Chief Minister/ideological leaders or party insignia/emblem/flag of DMK shall not be included.

The bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan noted that the Supreme Court in State of Karnataka v. Common Cause and others, had clarified that publication of a photograph of the incumbent Chief Minister was permissible but use of photographs of ideological leaders or former Chief Ministers was prima facie against the directives of the Supreme Court.

The court was hearing a petition filed by AIADMK MP C.Ve Shanmugam seeking to restrain Dravida Munnetra Kazhagam (DMK) party from using CM Stalin's name for its Mudhalvarin Mugavari, a public grievance redressal scheme introduced by the DMK government. An interim injunction was also sought to restrain the party from introducing/re-branding any scheme in the name of any living personality pending the disposal of the main plea.