The Delhi High Court on Wednesday asked the Arvind Kejriwal-led Delhi Government to file a status report with details of money spent by it on advertisements following a Supreme Court direction on the issue.
The court said it was “blatant” violation of the Supreme Court guidelines. The court’s order came on a public interest litigation (PIl) filed by senior Congress leader Ajay Maken, who sought immediate direction to restrain the “Delhi Government from airing its recent audio visual TV advertisement and also its recent advertisement”.
A Bench of Chief Justice G Rohini and Justice Jayant Nath also sought details from the Delhi Government on advertisements issued by them in other States apart from the national Capital after the Supreme Court ruling that taxpayers’ money cannot be spent to build the image of political leaders.
“Having regard to the fact that the said directions are operative and enforceable under...The Constitution and keeping in view the specific averments in the writ petition supported by material available on record with regard to the various advertisements issued by Respondent No.2 (Delhi Government) through the print and electronic media in violation of the direction of the Supreme Court.
“The Delhi Government is directed to file its response by August 3, 2015, positively meeting all the allegations made in the petition. It shall also furnish the details of the amounts spent and the source of the expenditure for the Government’s advertisement by print and electronic media after May 13, 2015, judgement of the Supreme Court...” the court said, adding, that the “act of the Delhi Government is in contravention” of the apex court judgment.
“Whatever said in the Supreme Court judgment is binding upon the everyone,” the court said, adding, that “how you are spending money in other States like Chennai, Mumbai”.
“The Delhi Government to also furnish the source of the expenditure on advertisements,” the court said posting the matter for August 3. The court was hearing a bunch of PIls including a plea by Congress leader Ajay Maken, seeking restraint on advertisements allegedly glorifying Chief Minister Arvind Kejriwal and the Aam Aadmi Party.
During the hearing, the Bench asked Delhi Government counsel Raman Duggal whether the expenses for the advertisements were from the AAP or the city Government’s fund. The counsel replied that the advertisements of the Delhi Government were from the party fund, to which the Bench asked why it had increased the budget allocation to Rs526 crore. The counsel said the Government has withdrawn some of the advertisements and hoardings from the Capital.
Senior advocate Vikas Singh, appearing for Maken, also sought an interim direction to restrain AAP Government “from airing any advertisements in any outstation TV channels/ newspaper till the final disposal of the present matter”. Singh, who was assisted by advocate Aman Panwar and Mudit Gupta, further contended that “apart from airing large-scale advertisements in the newspapers of Delhi and the national television”, the AAP Government on July 20 “went to the extent of publishing advertisements in several towns and cities throughout India”.
“In order to promote its political interests, the Delhi Government is blatantly misappropriating public funds for publishing the advertisements in the regions which have no business, whatsoever with the policies and programmes of the Delhi,” the plea said.
Maken’s counsel also contended in the court that as per the estimated circulation Delhi Government is spending Rs 1.8 crore per day on ads, which do not serve any public purpose and are in violation of the Supreme Court guidelines. The Central Government standing counsel Anil Soni, appearing for the Information and Broadcasting Ministry, told the Bench that the Supreme Court guidelines was “applicable” to all States and Union Territories including the national Capital.
Maken, who heads the Delhi unit of the Congress party, also sought direction to restrain the Delhi Government from publishing Kejriwal’s name in any of its current or future advertisements. He alleged that the AAP was violating the guidelines of the Supreme Court, which prohibited the use of photographs of political leaders, including Ministers, in advertisements issued by the Government and its agencies, saying it leads to promotion of a personality cult.
“Kejriwal has been misusing public money. HC’s decision on ads comes as a slap on CM’s face,” said senior Congress leader Chatar Singh.
Another PIl filed by PhD scholar Varun Kumar Mahla sought immediate withdrawal of advertisements by the Delhi Government that use phrases like “Kejriwal Sarkar”. The plea said the act of the Government was contrary to a ruling of the Supreme Court which called the development of personality cult of political functionaries at the cost of public money as an “antithesis to democracy”.