NEW DELHI: The Supreme Court on Wednesday quashed the Madras High Court’s interim order that restrained the Tamil Nadu government from using Chief Minister MK Stalin’s name and image in the ‘Ungaludan Stalin’ (With You, Stalin) welfare outreach programme.
Terming the plea by AIADMK MP C Ve Shanmugam “totally misconceived” and an abuse of process of law, the apex court imposed a Rs 10 lakh fine on him, to be paid to the state within a week.
A three-judge bench led by Chief Justice of India B R Gavai, and comprising Justices K Vinod Chandran and N V Anjaria, said the practice of naming welfare schemes after political leaders is common across the country, and selectively challenging one such scheme reflects political motive rather than genuine concern.
“We do not appreciate the anxiety of the petitioner to choose only one political party and one political leader,” the bench observed. “If the petitioner was so concerned about the misuse of public funds, he could have challenged all such schemes.”
The court noted that even during the AIADMK’s tenure, many schemes were branded after CM J Jayalalithaa as “Amma” initiatives. Senior advocates Mukul Rohatgi and Abhishek Manu Singhvi, appearing for the DMK and the state government respectively, cited similar schemes in support of their case.
Political battles must not be fought in courtrooms: SC
Setting aside the Madras High Court’s July 31 order, the Supreme Court said, “Political battles must be fought before the electorate, not in courtrooms.”
The top court also dismissed the writ petition pending in the high court, transferring the case to itself and declaring the challenge legally untenable. The Madras High Court’s interim order had prohibited the use of names or portraits of living political leaders, former CMs, or ideological figures in any government scheme promotions.
It had stemmed from Shanmugam’s PIL claiming that the DMK’s scheme violated neutrality in governance.
However, the Supreme Court questioned his motives, noting that Shanmugam had already filed a complaint with the Election Commission against the DMK, and rushed to court just three days later without waiting for the EC’s response.
“Without allowing the constitutional authority (EC) to decide the issue, the petitioner rushed to the high court. That itself speaks volumes,” the bench said.
Shanmugam’s side was represented by senior advocate Maninder Singh and advocate Balaji Srinivasan.
Petitioner fined Rs 10L
Terming the petition by AIADMK MP C Ve Shanmugam “totally misconceived” and an abuse of process of law, the apex court imposed a Rs 10 lakh fine on him, to be paid to the state within a week.