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Synopsis

A division bench of Chief Justice Munishwar Nath Bhandari and Justice S. Ananthi of the Madras High Court on Thursday directed the State government to ensure that all advertisements (print or electronic media) related to Chess Olympiad have photographs of the President and the Prime Minister of India.

Court was hearing a plea wherein it was contended that the advertisements published/flashing in various media only showed the photograph of the Chief Minister (CM) of Tamil Nadu, whereas the photographs of the President of India and Prime Minister(PM) should have been published for the international event i.e. Chess Olympiad.

The petitioner's counsel argued that whenever an international event is scheduled in the country, it will be at the national level rather than the state level, and thus the importance of the offices of the President and the PM cannot be overlooked.

He also placed reliance on the Apex Courts judgment in Common Cause v. Union of India (2015) and State of Karnataka v. Common Cause (2016), wherein the top court directed the publication of photographs of the President of India and PM.

It was further submitted that the advertisements are published using public money and thus, the respondents should seek an apology from the public for non-compliance with the abovementioned Apex Courts judgment in Common Cause.  

Refuting the allegations, the Advocate General (AG) and Additional Advocate General (AAG) contended that the State government never intended to exclude the publication of the photographs of the President and the PM.

They added that when the groundwork for organizing the tournament and advertising in all the media was taking place, the Presidential elections had not been concluded, and thus, they were not able to include photographs of the President of India and PM.

It was further submitted that the State government had never intended to flout the directives of the Apex Court and there is no ill-intention behind such non-publication.

Court observed that the interest of the nation should be of paramount importance in the mind, and the image of the nation should be of foremost concern to every citizen.

Court further opined that the respondents should have been more vigilant in implementing the directions of the Apex Court while publishing the advertisements to promote the event, and it should have been with the inclusion of the photographs of the President of India and the PM.

Considering the national interest and the directives of the Apex Court, the division bench observed that it should be ensured that even if the dignitaries like the President or the Prime Minister of India accept the invitation for an international event, or not, the advertisements should contain their photographs, as they represent the country at the international level.

Further, Court stated that the excuses taken by the State government cannot be accepted, and accordingly court directed that the State government shall ensure that all advertisements (print or electronic media) related to Chess Olympiad, have photographs of the President and the PM of India.

Moreover, Court added that the State government should take care that if any international event is hosted in the State, the directives in the case of Common Cause are strictly adhered to, by including the names of the dignitaries.

With the abovementioned directions, Court disposed of the petition.

Case Title: R.Rajesh Kumar v. The State of Tamil Nadu & Ors.