Madras High Court Directs TN Govt To Include Photographs Of President & Prime Minister In All Advertisements Of Chess Olympiad 2022

On a plea seeking the inclusion of photographs of the Prime Minister and the President of India in the advertisements for the 44th Chess Olympiad organised by the Federation Internationale des Echecs [FIDE], the Madras High Court directed the State government to ensure that the pictures of the Prime Minister and the President are included in all the advertisements. The division bench of Chief Justice Munishwar Nath Bhandari and Justice S Ananthi also directed the government to ensure that in future events also, these directions are followed. The court observed:

We direct the State Government to ensure that the photographs of both the Hon'ble President and Prime Minister of India are published in all the advertisements - whether in print or electronic media, in relation to the Chess Olympiad. The State Government should take care that if any international event is hosted in the State, the directives issued in the case of Common Cause, supra, are adhered to stricto sensu, by including the names of the dignitaries as stipulated therein.

The petitioner had contended that the State Government had violated the directions of the Apex Court in Common Cause v. Union of India, (2015) 7 SCC 1 wherein the Supreme Court had clearly laid down directions with respect to government advertisements and argued that the State Government had published only the photographs of the Chief Minister in all the advertisements thus violating the directions of the court in the above case. 

He also contended that since the program was being organized using public funds, the State ought to apologise for non-compliance of the judgment of the Apex court and for non-inclusion of the photographs of the Prime Minister and the President in the advertisements. He also submitted that whenever an international event was scheduled in the country, it was not only the event of the state in which it was being conducted but was an event of National level and thus the prominence of the office of the President and the Prime Minister could not be forgotten.

The Advocate General on the other hand submitted that the State Government never intended to exclude the publication of photographs of the Prime Minister and the President. He submitted that at the time when the groundwork for organizing the event was going on, the Presidential elections were still underway because of which they could not include the picture of the President. As far as photographs of the Prime Minister is concerned, the consent to inaugurate the function was given only on 22.7.2022. Pursuant to his consent, the photographs of the Prime Minister were being circulated in all advertisements. He stressed that the State did not have any ill intention for such non-publication of photographs.

The court after considering the arguments opined that whenever such International events were being conducted, it was under the aegis of the Prime Minister and the President along with the Chief Minister of that state

When our country is hosting such an international event, it is the bounden duty of one and all to ensure that such function is organized efficiently and we leave an indelible mark at the international level. It is more so when our country is known for its hospitality and efficiency. Thus, the image of the nation should be of foremost concern to everyone and such representation, obviously, would be under the aegis of the Hon'ble President and Prime Minister of India, apart from the Chief Minister of the State, where the tournament is hosted. 

Thus, it was the duty of the state to ensure that the photographs of the Prime Minister were circulated irrespective of whether he was inaugrating the event or not. The court also noted that even after the declaration of the results of the Presidential Elections, advertisements were circulated without the photographs of the President.

Considering the national interest and the directives of the Apex Court in the case of Common Cause, supra, it should be ensured that even if the dignitaries like the Hon'ble President or the Prime Minister of India accept the invitation for an international event or not, the advertisements should contain their photographs, inasmuch as they represent the country at the international level

The court further noted that such International events depicted the development of the country and its ability to organise such an international event. Therefore, every government had to work together for making the event a grand success and for leaving an incredible mark of our nation in the international level. 

International events hosted depict the image of the country in the international fora. It not only shows the development of the country, but its capability to organize an international event at such short notice. Keeping the aforesaid object in mind, every government should work, including the State Government.

The court also directed the district administration to ensure that no damage or destruction was caused to the advertisements containing the photographs of the Prime Minister and the President and if any such activity was reported, strict action must be taken against such individuals.

Case Title: R.Rajesh Kumar v. The State of Tamilnadu and others

Case No: W.P.(MD) No.16887 of 2022

Citation: 2022 LiveLaw (mad) 323

Counsel for the Petitioner: Mr.Aditya Dewan for Mr.VR.Shanmuganathan

Counsel for the Respondents: Mr.R.Shunmugasundaram, Advocate General assisted by Mr.P.Thilakkumar, Government Pleader and Ms.Shakeena, Government Advocate (R1), Mr.Veera Kathiravan Additional Advocate General (R2), Ms.L.Victoria Gowri, Additional Solicitor General of India, assisted by Mr.S.Jeyasingh, Central Government Standing Counsel (R3)