Symbol of ruling political party should not be used while distributing COVID-19 relief: Madras High Court [Read Order]

The Madras High Court on Monday directed that symbol of ruling political party should not be used in COVID-19 relief distributions centres and packages (Devaraj v. State of Tamil Nadu)..The Court, however, said that the image of Chief Minister can be used since he is the head of the elected government. .There always has to be a distinction drawn between the government of the day and the political personnel who may form such government, the Court emphasized. ."While there may be little room to object to the portrait of the Chief Minister being displayed, since the Chief Minister heads the elected government, the symbol of the ruling party should not be used at any of the distribution centres," the order stated..The order was passed by the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy while dealing with a plea against the use of political symbols on relief packages being distributed by the DMK-led government in Tamil Nadu.."At the time of relief or largesse being distributed by or on behalf of the Government, it is the Government and only the Government that ought to be projected and not the political party which forms the government," the Court said. .Among other submissions, the petitioner claimed that the "rising sun" symbol of the ruling Dravida Munnetra Kazhagam (DMK) party and the image of Chief Minister and DMK leader, MK Stalin were being used in the government's distribution of Rs 4,000 as cash relief amid the pandemic through ration shops. .Taking note of these submissions, the Court opined that the images of the DMK party symbol should not be used in this manner, although the image of the Chief Minister may stand on a different footing. .Another concern raised was regarding the violation of COVID-19 protocol during the relief distribution. The Court was directed that such violations should be avoided at all costs. ."Covid protocol has to be maintained at all times, including the distancing norm. In all the photographs that have been relied upon by the petitioner, it is evident that there is crowding and people falling over each other to be in the photo-frame, so to say. This must be avoided at all cost, particularly since the State is facing the worst case scenario in the second surge and there is no knowing when the pandemic would subside," the Court said. .Advocate General R Shunmugasundaram, appearing for the State, submitted that such issues were earlier highlighted in January 2021 in a writ petition moved by the DMK over pongal gifts distributed by the earlier AIADMK-led regime. At that point, the elections were around the corner, he added. However, that is not the situation now, he argued. .He further informed the Court that over 90% of the COVID-19 cash relief distribution is over. With strict lockdown in place, there is no movement at present, he said..These submissions were also taken on record by the Court, before disposing of the matter in the hope that "the spirit of the order is appropriately understood.".[Read Order]