SC sets aside Madras HC order asking DMK govt not to use names, photos of CM in welfare schemes

The Supreme Court on Wednesday set aside a Madras High Court order restraining the DMK-led Tamil Nadu Government from using names and photographs of present and former chief ministers in welfare schemes.

A three-judge Bench led by Chief Justice of India BR Gavai imposed a fine of Rs 10 lakh on AIADMK leader C Ve Shanmugam for filing a plea in the Madras High Court, terming it unwarranted and abuse of process of the law.

“Time and again, we have observed that political battles should be settled before the electorate and courts should not be used for this. The writ petition was misconceived in law. We are allowing the SLP. We quash the impugned order. The writ petition pending before the High Court is dismissed with costs of Rs 10 lakh,” the Bench ordered.

On behalf of Shanmugam, senior counsel Maninder Singh said, “This is a personal glorification of the Chief Minister.”

Represented by senior advocates AM Singhvi, Mukul Rohatgi and P Wilson, the DMK Government submitted that there were several schemes in the past named after ‘Amma’ -- a term used for ex-Chief Minister J Jayalalitha.

The Bench said, “The launching of schemes in the name of political leaders is a phenomenon which is followed throughout the country ... We have a list of 45 schemes that have been floated in the names of various political leaders in Tamil Nadu. We do not wish to refer to those 45 schemes to avoid embarrassment to the parties. When such schemes have been floated with the leaders of all political parties, we do not appreciate the anxiety of the petitioner to choose only one party and one leader.”

The Madras High Court had on July 31 restrained the Tamil Nadu Government from starting any new scheme or rebranded public welfare schemes after living persons. It had also barred the use of portraits of former chief ministers, ideological leaders, or any DMK insignia, emblem, or flag in advertisements promoting such schemes.

A Madras High Court Bench led by Chief Justice MM Shrivastava had passed the order on a PIL filed by AIADMK leader Shanmugam who had challenged the naming and promotion of the government's public outreach programme titled Ungaludan Stalin' (with You, Stalin), alleging that it violated established norms.

However, the HC had clarified that the order did not prevent the state from launching, implementing, or operating any welfare schemes, it stated the restrictions applied solely to the nomenclature and promotional content associated with such schemes.