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SC allows pics of CMs, ministers in ads

Last Updated 18 March 2016, 19:34 IST

The Supreme Court on Friday modified its judgment restricting use of politicians’ picture in government advertisements and allowed photographs of chief ministers, governors and ministers.

A bench of Justices Ranjan Gogoi and P C Ghose allowed a batch of review petitions filed by the Centre and Karnataka, Tamil Nadu, Uttar Pradesh and four other states against its May 13, 2015 judgment, which had limited the publication of photographs to the President, prime minister and chief justice of India.

The apex court’s order came as a major relief to the ruling parties in states. The previous judgement had caused heartburn to chief ministers of the states. However, several publications carried pictures of chief ministers and other ministers through advertorials.

In its review order, the court said, “The exception carved out in the judgment permitting publication of the photographs of the President, prime minister and chief justice of the country, subject to the said authorities themselves deciding the question, is now extended to the governors and the chief ministers of the states.”

It added, “In lieu of the photograph of the prime minister, the photograph of the departmental (Cabinet) minister or the minister in-charge of the ministry concerned may be published, if so desired.”

 Similarly, in the states, photographs of the cabinet minister or minister in-charge in lieu of the photograph of the chief minister could be published.

The Centre and seven states, including West Bengal, Assam, Tamil Nadu, Odisha and Chattisgarh, had contended that the earlier judgment infringed on fundamental rights and federal structure.

Appearing for the Union government, Attorney General Mukul Rohatgi had submitted that last year’s judgement violated the federal structure and citizens’ right to freedom of speech and expression and the right to information.

“This may lead to development of personalty cult, a pernicious trend, which could be neutralised by publishing pictures of others as well,” he had said.

NGO Common Cause and others had opposed the plea for allowing the relaxation of the restraint order. They had, in fact, sought order limiting the use of prime minister’s photographs in advertisements.

On an application filed by the NGO, the court had earlier also issued notice to Delhi and Tamil Nadu governments over charges of violating the judgment and going ahead with publication of chief minister’s photographs which would be dealt separately.

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(Published 18 March 2016, 19:34 IST)

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