Karnataka High Court junks PIL against using photos of CM, ministers in ads of government schemes

The Karnataka High Court recently dismissed a public interest litigation (PIL) petition against use of names and photographs of Chief Minister, Deputy Chief Minister and other ministers in the advertisements of two recently-launched schemes of the State government [Sri Bhimappa Gundappa Gadad v. The State of Karnataka].A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said the argument that using the photographs of the ministers would cost the public exchequer and is therefore, unconstitutional, appeared to be “too farfetched an argument”.“We do not much subscribe to the submission that these advertisements involve huge expenditures and therefore, they should never be permitted. After all, in live, be it of an individual or institutions, nothing comes free,” the Court said.The observations were made by the Court in the PIL filed by Right to Information (RTI) activist Bhimappa Gundappa Gadad in respect of government’s advertisements of Gruha Lakshmi and Gruha Jyothi schemes. .Though the Court found no merit in the petition, it clarified that it does not approve of such publication of photographs in the advertisements.It took note of the apprehension expressed by the Supreme Court in Common Cause vs. Union of India that such publication of photographs may have the potential of developing ‘personality cult’ and the ‘image’ of the individual concerned, which is a “direct antithesis of democratic functioning”.Observing that no direction for an absolute embargo was issued by the top court, the division bench said,“We hasten to add that we are not inclined to approve this also. After all, judgments of the Law Laying Court cannot be construed as Euclid's Theorem. They need to be understood in the backdrop of the fact matrix, from which the ratio is churned out.”.The Court also said the advertisements produced before it do not show photographs with glare and pomp. It also noted that the petitioner has not alleged that any of the advertisements violate the Karnataka Municipalities Act, Karnataka Municipal Corporations Act and the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. The enactments have certain provisions for regulation of advertisements.While dismissing the petition, the Court said it hopes and trusts that better sense prevails “in the quarters that be”.“We make it clear that nothing observed hereinabove shall be construed as the Court approving of the publication of photographs of any minister in the governmental advertisements,” it said in conclusion. Advocate Umapathi S represented the petitioner. Additional Government Advocate Niloufer Akbar represented the State.[Read Judgment]