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State of Karnataka Vs. Common Cause And Ors.Etc. Etc, on 18th March, 2016, Supreme Court of India: Case Brief – Read Judgement

Photographs of functionaries in Govt. Ads: Court allowed ‘Governors’ and ‘Chief Ministers’ along with ‘President’, ‘Prime Minister’ and ‘Chief Justice’ of India
Review Petition (C) No(s). 1879-1881 of 2015 in writ petition (C) No(s). 13 of 2013, 197 of 2004 and 302 of 2012
Bench: Justice Ranjan Gogoi and Justice Pinaki Chandra Ghose

Case Brief: The present case was brought before the court as review petition in its already made judgements in given civil writ petitions i.e. in Writ petition (Civil) No. 13 of 2003, Writ Petition (Civil) No. 197 of 2004 and Writ Petition (Civil) No. 302 of 2012. Moreover, notably, the said bench in the year 2015 (on 13th day of May) had decided all these three Writ petitions and it was held by it that only photographs of the President and Prime Minister and Chief Justice of the country were permitted in the publications of the government advertisements as an exception to the rule that the object of advertisement can be achieved even without publication of photographs of any particular functionary either in the State of a Politic party. And such exception was also extended with an choice of these three important functionaries, i.e. they may decided themselves the questions of publication. Now, the Bench after consider the submissions and contentions which the counsels for both the parties have made before it, and sought to review its already made, afore discussed judgement to the extent to include Governors and Chief Ministers of the States in the afore- mentioned exception list, along with President of India, Chief Justice and Prime Minister of India. Moreover, the judgement is also reviewed to the extend to include in place of photographs of Prime Minister, the photographs of the Departmental (Cabinet) Minister or Minister In- Charge of concerned Ministry, if so wished. Similarly, in the States, if so desired, then in place of Chief Minister, the photographs of Departmental (Cabinet) Minister or Minister In- charge would be allowed to be published. Further, the bench sought to clear that the other contents in the previously made Judgement should continued to be read and considered as confirmed and settled. However, the modifications made by the Bench in this review petition, were also required to be considered and read along with the afore- mentioned judgement which was made in the year 2013 (on 13th day of May). As such, the present concerned review petition was decided and in the above terms with such modifications.

Read the Judgement: State of Karnataka Vs. Common Cause And Ors.Etc.

Related News: Supreme Court reversed its own judgement of 2015 and decides to allow publication of photos of CM, Governor in official advertisements

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