Nalam Kaakkum Stalin launch may be hit; govt seeks modification

CHENNAI: In a major setback to the State government a day ahead of the launch of its latest initiative, Nalam Kaakkum Stalin, the Madras High Court directed the government that the name of any living personality, photograph of any former Chief Minister/ideological leaders or party insignia/emblem/flag shall not be included while launching and operating welfare schemes through various advertisements.

Immediately afterwards, the State filed a writ miscellaneous petition before the court with a plea to modify the order so as to permit Ungaludan Stalin and Nalam Kaakum Stalin schemes to proceed with their present names pending further orders.

The first bench comprising Chief Justice MM Shrivatsava and Justice Sunder Mohan passed the interim order on Thursday on a petition filed by AIADMK MP CVe Shanmugam and advocate Iniyan.

In his petition, Shanmugam sought to restrain the State government from introducing/rebranding any scheme in the name of any living personality pending disposal of his writ petition.

He also sought a direction to the Election Commission of India and the Committee on Content Regulation in Government Advertising to take necessary action against the DMK and consequently stop the State government from using the name "Stalin" in relation to the activities of the scheme emanating from GO No 390, Public (Mudhalvarin Mugavari) Department, dated June 19.

In its order, the bench said it would not be permissible to mention the name of the living political personality in the nomenclature of the government scheme. Moreover, using the name of the ruling party, or its emblem or flag, also appeared to violate against the directives of the apex court and ECI, the bench added.

In its order, the bench made it clear that it has not passed any order against launching, implementation, or operation of any welfare scheme of the government.

The bench said on prima facie considerations, it found that the prayer for the interim relief has been made on the apprehension that the State was proceeding to launch many welfare schemes on the same line as the advertisement under challenge.

It pointed out that the Supreme Court has issued successive directives from time to time regulating the content of government advertisements. In a clarificatory order passed in a review, the Supreme Court in the case of Karnataka Vs Common Cause and others permitted certain exceptions to the directive.

As per that order, publication of the photograph of the incumbent Chief Minister was permissible. However, the use of photographs of ideological leaders or former Chief Minister, prima facie, would be against the directives of the Supreme Court, the bench added.

The bench said it would not be permissible to mention the name of the living political personality in the nomenclature of the government scheme. Moreover, using the name of any ruling political party, its insignia/logo/emblem/flag also appeared to be prima facie against the directives of the Supreme Court and the Election Commission of India, the bench added.

The bench said pendency of the petition would not come in the way of the Election Commission of India or the authorities in initiating any proceeding on the basis of the complaint made by the petitioner, and posted the matter to August 13 for further hearing.