'Political Party Not Named, Can't Have Any Issue': Delhi High Court On PIL Against Use Of Public Servants To Highlight Govt's Achievements

The Delhi High Court on Friday said that one cannot have a grievance with the use of Defence officers and Civil Servants to highlight the schemes and achievements of the ruling government, if there is no political insignia or no name of political party is used.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora made the remark while hearing a PIL against propagation of the schemes of the government launched in the last 9 years, by using Defence officers and civil servants, alleging it is a “political propaganda.”

“The issue is that no political insignia is used, no name of any political leader or any political party is used….Government is run by someone in power. It is a hard fact of reality. And the person (Prime Minister) is elected by the people. He is holding a constitutional post…If they (government) are saying we are giving push so that the last miles are achieved…you cannot have a grievance with that,” the court told petitioners' counsel.

The plea has been filed by former civil servant EAS Sarma and President of Association of Democratic Reforms, Jagdeep S Chhokar. They are represented by Advocate Prashant Bhushan.

The petitioners have challenged an order issued by the Controller General of Defence Accounts on October 09 regarding deployment of defence officers at “selfie points” to show case good works done by MoD.

They have also challenged the OM issued by Union Government's Department of Personnel and Training on October 17 to deploy Joint Secretaries, Directors and Deputy Secretaries as “District Rath Prabharis” for showcasing achievements of last 9 years of the Government of India.

During the hearing today, ASG Chetan Sharma appearing for the Union Government defended the two OMs by taking the court through the features of the Viksit Bharat Sankalp Yatra as well as the importance of “selfie points”, while contending that they have been launched for the betterment of the people at grassroots level and to reach out to those who are vulnerable.

He further submitted that the selfie points encourage women participation in the defence, promotes self reliance, and inspire and instil a sense of pride among people.

“Now we have Agnipath scheme and Agniveer…these will go to the hinterland and to the scheduled tribes and scheduled castes, those who are vulnerable. If we reach out to them, it is then they will be inspired to join (the forces) otherwise you will be caught up on the web of vocations you have been doing,” Sharma said.

He added: “There are young boys and young girls, this outreach had to be there. It just cannot be some OM in New Delhi and that's the end of it. You will have to reach out to them.”

On the other hand, the petitioners' counsel submitted that the Yatra is being used by political leaders to make political speeches and each selfie point is built at the cost of Rs. 6 lakhs which is only a 20 feet cut out poster of the Prime Minister's picture with “naari shakti” written below it.

“There are political campaigns, speeches are being given from the platforms. Selfies are taken with PM. As per the RTI response, each selfie point costs Rs. 6 lakhs. Bureaucrats are deployed which is in violation of the service rules. Public money cannot be spent otherwise than a public purpose,” the counsel said. He added that the said practice also destroys the level playing field between the political parties.

The matter will now be heard on January 30.

The petitioners have sought a direction that no political party, either at Centre or State, can use any public servant for any campaign or promotion of its schemes which is intended for benefit of the ruling party.

Earlier, Advocate Prashant Bhushan had appeared for the petitioners and submitted that the use of Defence officers and civil servants is prohibited under the rules governing conduct of government servants and also amounts to using them for promoting interest of a political party.

He had added that the act is a blatant use of defence officers and civil servants for “propaganda agenda” of the government and is against the letter and spirit of the Representation of Peoples Act which makes it a corrupt practice to use any government official for political purposes.

Title: EAS Sarma & Anr. v. Union of India & Ors.