NEW DELHI: The Supreme Court on Monday agreed to hear on August 6 the appeal of the DMK government against the Madras High Court order asking it not to use names and photographs of present and former chief ministers in welfare schemes.
Former Attorney General (AG) of India and senior advocate Mukul Rohatgi, appearing for the TN government, mentioned to the apex court on Monday that the Madras HC in its interim order restrained the use of living personalities, former CMs, party leaders or political parties and portraits of the CM in government welfare schemes.
Taking note of the submissions by Rohatgi, a two-judge bench of the top court, headed by Chief Justice B R Gavai and Justice K Vinod Chandran, agreed to hear the plea on Wednesday.
Rohtagi said it has been held by the top court in its various orders / verdicts that the name and pictures of the CMs, former CMs and political leaders can be used in government welfare schemes. "There is no bar on it," he said.
Rohatgi submitted that the Madras High Court has passed an unusual 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, CM. Why can't we name a scheme? These are schemes for the welfare of the poor," Rohatgi contended.
The Madras HC's two-judge bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan, in its interim order said 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 HC passed the interim order, citing the judgements of the Supreme Court in State of Karnataka versus Common Cause and others.
It added that the SC 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 SC.
The HC passed the interim directions after hearing a petition filed by AIADMK MP C. V Shanmugam seeking to restrain the DMK government from using CM Stalin's name for its scheme Mudhalvarin Mugavari, a public grievance redressal scheme introduced by it.