Tamil Nadu files plea in SC against Madras HC restraining use of living persons' names, former CMs' photos in ads

The High Court in its interim order had observed that, according to the Supreme Court's earlier judgement, publishing the photograph of the current Chief Minister is permitted. It, however, said that using images of ideological leaders or former Chief Ministers is prima facie contrary to the court's directives.

The Tamil Nadu government on Monday moved the Supreme Court challenging the recent Madras High Court order restraining advertisements for government welfare schemes from using the name of any living individual, photographs of former Chief Ministers and ideological leaders, or displaying any party insignia.

A bench of Chief Justice of India BR Gavai and K Vinod Chandran agreed to list the matter this week after senior advocate Mukul Rohatgi, for the state, mentioned it for urgent listing.

Mentioning the matter, Rohatgi said, "This is a very unusual and urgent case. No scheme of the Government can have the name of the Chief Minister or any political figure."

On July 31, the Madras High Court had restrained the Tamil Nadu government from using the name of any living personality in the nomenclature of new or re-branded public schemes to be introduced in the future.

It had also prohibited the use of portraits of any former Chief Minister/ideological leaders or Dravida Munnetra Kazhagam (DMK) insignia/emblem/flag in the advertisements issued for popularising those schemes.

A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan had said that the, apex court had clarified that publication of a photograph of the incumbent CM was permissible but use of photographs of ideological leaders or former CMs was prima facie against the directives of the Supreme Court

AIADMK Member of Parliament, C Ve Shanmugam, had approached the High Court seeking directions to restrain the state from naming welfare schemes after living political personalities or using their photos, as well as party logos or symbols in promotional materials.

He contended that a new scheme was being launched using the current Chief Minister's name, images of ideological leaders, and the ruling party's (DMK's) symbols, in violation of Supreme Court guidelines and the 2014 Government Advertisement (Content Regulation) Guidelines.

The High Court in its interim order had also said that the name of political personalities in the nomenclature of a government scheme can be used in the schemes.

At the same time, it said that using the name of any ruling political party was against the directives of the Supreme Court and the Election Commission of India. The court clarified that the government welfare schemes should not use pictures of former CMs or ideological leaders.

It also said that it had not passed any order against launching, implementation or operation of welfare schemes of the government.

The HC added that pendency of the petition shall not forbear the ECI from initiating proceedings based on the petitioner's complaints.

The HC’s interim order came while hearing a petition filed by AIADMK MP CV 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.

Through an interim injunction, it was also sought to restrain the ruling DMK from introducing or re-branding any scheme in the name of any living personality pending the disposal of the main plea, according to LiveLaw.

Senior Advocate Vijay Narayan, arguing for Shanmugam argued that the public outreach programme implemented using public funds, had been using the name of the CM in its nomenclature and using pictures of certain political leaders belonging to the DMK party.

It was argued that the action violated various judicial pronouncements of the Supreme Court as well as the Government Advertisement (Content Regulation) Guidelines, 2024.

Narayan for Shanmugam told the court that the party logo and emblem was being printed in the outreach programme, launching the beneficial schemes of the government, to which advocate general PS Raman opposed. He submitted that it had been filed without clear pleading and based on some printouts which were not government publications.

The AG said that neither any pictures of political leaders nor the emblem or logo of political parties was being used by the state government.

Senior Advocate P Wilson for DMK also said that the plea was politically motivated as the petitioner was an MP of the opposition party and only wanted to malign the image of popular leaders of DMK.

With inputs from agencies