Bombay HC Directs Maharashtra Govt. To Constitute Committee To Look Into Misuse Of Public Funds On Advertisements
The Bombay High Court directed the Maharashtra Government to constitute a committee to look into the misuse of public funds on advertisements.
The Court said that there is no justification for not having a committee in the State of Maharashtra.
The Court was hearing a Writ Petition instituted by the Editors’ Forum, complaining that the Government Resolutions (GRs) dated May 1, 2001, August 13, 2008, August 31, 2009, and October 19, 2015, issued by the General Administration Department of the State of Maharashtra regarding several issues concerning advertisements to be released to the print and electronic media are being flouted with impunity.
The bench of Justice MS Sonak and Justice Jitendra Jain observed, “The Chief Secretary, State of Maharashtra, shall personally ensure that such a three-member body is constituted. This is because a direction for the constitution of such a three-member body was issued on 13 May 2015 and reiterated on 28 April 2016.”
Advocate SB Talekar appeared for the Appellant and Senior Advocate Prashant Chawan appeared for the Respondent.
The Petitioner made several allegations regarding breaches of government resolutions (GRs) concerning advertisement distribution, including violations of the rotation policy, issuance to non-approved media, bypassing the DGIPR on empanelment, and use of non-approved agencies. The Petition claimed such breaches by both the State and entities like BMC, CIDCO, MHADA, and MIDC. The Petitioner sought mandamus for strict adherence to GRs, the establishment of a Commission to investigate these alleged illegalities, and calls for departmental action and criminal prosecution against those responsible for misusing public funds.
The Court mentioned the Supreme Court decisions in Common Cause Vs. Union of India and Centre for Public Interest Litigation Vs. Kewal Kumar Sharma & Ors and observed, “…issued directions for the constitution of a three-member body consisting of persons “with unimpeachable neutrality and impartiality and who have excelled in their respective fields”.”
The Court said that the Chief Secretary, State of Maharashtra, must ensure that the State of Maharashtra releases no advertisements violating the directions and guidelines issued by the Hon’ble Supreme Court in the case of Common Cause (supra).
The Court posted the matter on December 16, 2024, to consider compliance.
Cause Title: Editors’ Forum v. The State of Maharashtra & Ors.
Appellant: Advocates S. B. Talekar, Madhavi Ayyappan, Chagan Thakare and Neha Lalsare
Respondent: Addl. GP Abhay Patki, Senior Advocate Prashant Chawan, Advocates Heena Shaikh, M. V. Kini, Dhruti Kapadia, Anuja Tirmali, B. B. Sharma and Poonam Sheth
