Madras HC bats for reinstating ban on banners featuring ‘Live Person’, Aadhaar for erecting Banners [Read order]

After the death of 23 year old Subhashri brought back the debate over erection of political banners to the limelight, a Bench headed by Justice S Vaidyanathan has opined that the Court should consider reinstating its earlier ban on banners, posters etc. featuring any living person..Justice Vaidyanathan was sitting on a vacation Bench with Justice C Saravanan while hearing a plea filed by Subhashri’s father seeking Rs 1 crore as compensation for his daughter’s death. It was noted that another Bench (comprising Justices M Sathyanarayanan and N Seshasayee) was already hearing all matters concerning the erection of illegal banners. As noted in the order passed on Thursday,.“This Court cannot at this stage decide as to whether any amount is payable to the petitioner as compensation or not, as admittedly a batch of Writ Petition is pending before the some other Division Bench in W.P.Nos.16307 etc. batch, in which the erection of banners, including digital banner is the subject matter of that batch. It is very sad that the petitioner lost his daughter in a tragedy and therefore the persons responsible for erecting the banner have to be dealt in accordance with the law. At the same time, we do not want to express any opinion on merits at present in view of the pendency of a batch of Writ Petitions before the co-ordinate Bench which is seized of the issues.“.Therefore, it directed the Registry to tag the instant plea before the Division Bench of Justices Sathyanarayanan and Seshasayee, which is expected to hear the matter next on October 23..However, before parting with the plea, Justice Vaidyanathan also opined that the Division Bench may consider looking into whether an amendment may be introduced so that banners featuring live persons (political or otherwise) may be banned again..“Though we have not lost sight of the fact that the First Bench of this Court had, in its order dated 20.12.2017 in W.A.No.1340 of 2017, permitted the inclusion of “Live Person” in the Banner, holding that the Statute or Rules do not prohibit such inclusion, the Hon’ble Division Bench, while considering the batch of writ petitions, may also consider as to whether till the amendment made in the statute or Rules, such inclusion of “Live Person” in the banner may be prohibited or not.“.Moreover, the Bench also remarked that the Court should consider making it mandatory to furnish Aadhaar card details from the persons printing or requesting the erection of banners, so that action may be taken in cases of the illegal erection of banners..“Secondly, Division Bench may also consider whether the authority sanctioning permission can call for furnishing of Aadhar card details from the printer concerned and the person requesting for erection of banners so that the details of such persons including their photo identity are available in the records for taking action if required for any breach of rules and guidelines.“.23-year-old Subhashri died last month after a digital banner installed by a local AIADMK leader fell on her as she was traveling on her scooter. Following the incident, the Madras High Court had also slammed the State Government over the continuing erection of political banners, flex boards, and hoardings, despite Court orders imposing a ban on the same since 2017..In October 2017, Justice Vaidyanathan had also ordered the state government to ensure that banners, signboards, flexes and other hoardings do not depict photographs of persons alive, including sponsors for the photographs/pictures therein. However, a Division Bench of then Chief Justice Indira Banerjee and Justice R Hemalatha reversed the de facto ban on banners featuring live persons in December the same year, following an appeal by the Municipal Corporation.[Read the Order]