SC allows Tamil Nadu govt to use former CMs' photos in ads, says 'rule followed throughout country'

‘Don’t use courts to fight political battles’ 

A bench headed by Chief Justice of India BR Gavai and Justice K Vinod Chandran came down heavily on AIADMK MP C Ve Shanmugam, who had filed the original plea, for selectively challenging only the DMK-led government’s promotional content.

“When such schemes are floated in the name of leaders across political parties, we do not appreciate the anxiety of the petitioner to target just one leader,” the court said, as quoted by LiveLaw.

The court further warned, “Don’t use courts to fight political battles.”

‘Stalin with you’ not a new scheme, govt clarifies 

Appearing for Tamil Nadu, Senior Advocate Mukul Rohatgi clarified that ‘Stalin With You’ is not a standalone welfare scheme, but a digital interface allowing citizens to access multiple government services under one platform.

He also pointed out that there is no legal bar on naming platforms or schemes after political leaders, nor does any Supreme Court judgment prohibit the use of their photos.

The court agreed with the Tamil Nadu government's argument that multiple state governments use the names and photos of political figures in government scheme advertisements.

“This is a phenomenon followed throughout the country,” the court said, while also noting that earlier judgments have permitted the use of names and images of constitutional authorities like the Prime Minister, President, and Chief Justice in government schemes.

Petitioner fined Rs 10 lakh for misusing legal process 

The top court also imposed a cost of ₹10 lakh on petitioner C Ve Shanmugam, stating that he had not only selectively targeted one political party but had also cast aspersions on the Election Commission without basis.

“If the petitioner was genuinely concerned, why didn’t he challenge similar schemes across parties and states?” the bench questioned.

The case dates back to when the Madras High Court, in its interim order dated July 31, directed the Tamil Nadu government not to use the names or images of living political figures, former chief ministers, or ideological leaders in welfare scheme advertisements. It also prohibited use of party symbols, emblems, and flags in such promotions.

The High Court’s order was based on a plea by Shanmugam, who cited alleged violations of Supreme Court guidelines and the 2014 Government Advertisement (Content Regulation) Guidelines.