Welcome Banners for PM Modi-Xi Jinping meet: No need to approach Court, comply with applicable law, Madras HC

The Madras High Court on Thursday observed that there was no need for the Government to approach the Court for the erection of banners to welcome Chinese President Xi Jinping, during his upcoming visit to Tamil Nadu for bi-lateral talks with Indian Prime Minister Narendra Modi..The Bench of Justices M Sathyanarayanan and N Seshasayee, however, cautioned that the Government is also bound to follow the appropriate rules governing the erection of banners and hoardings in the state. After highlighting that the Court’s 2018 ban was on the erection of banners and hoardings by political parties, the Bench observed,.“… in the light of ad-interim direction given in paragraph no.24 of the above cited order dated 19.12.2018, the undertaking affidavit dated 01.10.2019 filed by the Commissioner of Municipal Administration, Chennai-600 028, praying for appropriate orders as to the erection of welcome banners, is not necessary. .This Court is also of the view that both the Central and the State Governments shall strictly comply with the provisions of Chapter XII-A of the Chennai City Municipal Corporation Act 1919 as well as the provisions of Tamil Nadu Urban Local Bodies (Permission for erection of Digital Banners and placards) Rules 2011.”.The order was passed after taking on record the submissions made by Advocate General Vijay Narayan and the undertaking made by Commissioner of Municipal Administration that the welcome banners would only be erected in accordance with the governing rules..In view of Chinese President, Xi Jinping’s impending visit to Tamil Nadu, the State had filed an affidavit seeking the Court’s leave to to erect welcome banners. The State Government had submitted that it is customary on the part of the Union Ministry of External Affairs to welcome foreign dignitaries by way of welcome banners. Since the visit was to be in Tamil Nadu, the State Government was also expected to extend the gesture as a courtesy. An undertaking was also given in the State’s affidavit that the welcome banners will be erected, as per the specifications mentioned in the existing Rules in force and that it would be ensured that those banners will not cause any hindrance to the public..Moreover, the Court’s attention was also drawn to Section 278 of the Chennai City Municipal Corporation Act 1919, which exempts the Government from having to seek licences for the erection of banners..Appearing of the Dravida Munnetra Kazhagam (DMK) party, Senior Advocate P Wilson submitted that there was no need to approach the Court in the matter, in view of the assurances made by the Municipal Commissioner in the State’s affidavit..However, it was also submitted that there are other ways to welcome the foreign Head of State, particularly in view of recent deaths in Tamil Nadu due to the illegal erection of political banners. There is no necessity to erect digital banners to welcome the visiting foreign Head of State, it was argued..In turn, the Court concluded that while the Government need not have approached the Court over the issue, it would still be obligated to comply with other regulations concerning the erection of banners under Chapter XII-A of the 1919 Act, and allied rules..“… this Court is prima facie of the view that in terms of Section 278, the Central Government or the State Government need not seek license in respect of any place in occupation or under their control or in respect of any property belongs to the Government. However, this Court is also of the view that the exemption is only in respect of applying for license and the concerned entities are under obligation to comply with Chapter XII-A of the Chennai City Municipal Corporation Act as well as the provisions of the Tamil Nadu Urban Local Bodies (Permission for erection of Digital Banners and placards) Rules 2011.”.The Chinese President is expected to visit Mamallapuram for bi-lateral talks with Prime Minister Modi between October 11 and 12. In the State’s affidavit before the Madras High Court, it was informed that the MEA has proposed to put up welcome banners for a period of five days between October 9-13, 2019. As noted in the Court’s order,.“In paragraph no.5 of the affidavit, it is stated that the Ministry of External Affairs (Government of India) has proposed to put up welcome banners in Chennai City in 14 locations, 9 locations in East Coast Road, 2 locations in Mahabalipuram and the Government of Tamil Nadu will put up welcome Banners enroute from Airport to Mahabalipuram (5 locations in Chennai City, 4 locations in Mahabalipuram and 7 locations in OMR and ECR) through Directorate of Information and Public Relations and the above said welcome banners will be put up from 9 th to 13 th October 2019 for a period of five days.”.This development follows close in the heels of the death of a 23 year old Subhashri, who died after a digital banner installed by a local AIADMK leader fell on her as she was travelling 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 December last year, another Bench headed by Justice Sathyanarayanan had passed a also comprehensive order reiterating the Madras High Court’s 2017 ban on the erection of political banners and hoardings..[Read the Order].Image taken from here.