SC junks HC order asking TN govt not to use names, photos of CM in welfare schemes

New Delhi: In a major victory for the DMK, the Supreme Court on Wednesday set aside an order directing the Tamil Nadu government not to use the name and photos of Chief Minister M K Stalin and other party stalwarts in state welfare schemes.

Terming the plea filed by AIADMK leader C Ve Shanmugam against state government’s “Ungaludan Stalin” (With You, Stalin) outreach programme as “totally misconceived in law” and “an abuse of process of law”, the top court imposed Rs 10 lakh costs on him.

A bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria asked Shanmugam to pay the amount to the state government within a week, making it clear that non-compliance would be met with contempt.

“The writ petition itself was totally unwarranted, misconceived in law but also an abuse of process of law. We therefore allow the SLP (special leave petition) and set aside the order of the Madras High Court. We are also inclined to dismiss the writ petition (pending before the high court),” the bench ordered.

The CJI added, “Time and again, we have observed that the political battles should be settled before the electorates and the courts should not be used for this.”

The top court transferred to itself the plea of the AIADMK leader from the high court and dismissed it. “Schemes have been floated in the names of various political leaders in various states as observed …We do not wish to refer to the other schemes in order to avoid embarrassment to any of the political parties as such schemes are being run in the name of the leaders of all the political parties,” the bench said.

The observations made in the order assumes significance as senior advocates Mukul Rohatgi and Abhishek Singhvi, appearing for DMK and the state government, referred to previous schemes run by the erstwhile AIADMK government in the name of “Amma”.

“We do not appreciate the anxiety of the petitioner (Shanmugam). He chose only one political party and its political leaders. If the petitioner was so concerned about the misuse of public funds by political parties then the petitioner could have challenged all such schemes,” the order said.

The top court raised questions about the motive of the petitioner for singling out DMK and the schemes of its government while questioning the plea’s filing in the high court in a hurried manner.

It also referred to the representation filed by the AIADMK leader with the Election Commission of India on July 18 suspension or withdrawal of recognition of DMK.