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LATEST NEWS UPDATES | Centre to seek review of SC order on banning photos of leaders in government ads -Amit Anand Choudhary & Dhananjay Mahapatra

Centre to seek review of SC order on banning photos of leaders in government ads -Amit Anand Choudhary & Dhananjay Mahapatra

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published Published on Oct 27, 2015   modified Modified on Oct 27, 2015
-The Times of India

NEW DELHI: The Centre on Monday told the Supreme Court that it would soon join hands with West Bengal, Karnataka, Assam and Tamil Nadu to seek review of its May 13 judgment banning photos of political leaders, except President, prime minister and Chief Justice of India, in government advertisements.

In an affidavit filed before the court denying any violation of the May 13 judgment, the information and broadcasting ministry said, "At the very outset, it is submitted that the Union of India is in the process of filing a petition seeking review of the Supreme Court's judgment in the PIL filed by NGO 'Centre for Public Interest Litigation'."

The court had on September 14 entertained the review petitions filed by the four states and has posted them for hearing on Tuesday. The SC is also scheduled to hear on Tuesday a petition filed by the NGO accusing the TN and Delhi governments of having committed contempt of the May 13 judgment.

The court had on August 17 issued notice to the Centre on the contempt petition and asked it to inform about implementing the direction in the judgment for setting up of a three-member body and explain why it had not been constituted.

The Centre said it had done its best to implement the order and cited a communication sent by I&B secretary Bimal Julka on May 20 to all central government departments. The direction to set up the three-member body was in process and awaiting the nod of the attorney general and the law ministry, it said.

Julka had said in his letter, "The judgment is binding on the Union of India, state governments and Union Territory administrations and its agencies. This implies that the judgment is applicable to all local bodies, public sector undertakings and other autonomous bodies/organizations established under a statute. These guidelines are applicable to all government advertisements other than classifieds and in all mediums of communication such as print, electronic, outdoor and digital including internet advertising."

The I&B ministry said two months after the judgment, it had sought views of the ministry of law and justice on the framework required for setting up of the three-member body. The law ministry had on July 17 suggested that a select panel was required to be created for setting up of the SC mandated body.

"Since the proposed three-member body is likely to take the shape of a statutory body in future after a legislation is passed in accordance with the Supreme Court's directions, a complete and through consultation process with the concerned ministries/departments in the government of India is required in order to determine the functions, powers, duties and responsibilities of the proposed body," the Centre said.

"Other aspects such as remuneration/facilities to be provided to the members, service conditions of the members and location/office space of the body are also being finalized," it added.

A draft proposal for setting up the body, in consultation with attorney general Mukul Rohatgi and the law ministry, has been prepared and the ministry was considering the draft guidelines, it added.

"The process of constitution of the selection panel for setting up the three-member body will be commenced once the formal view of the AG is received and the draft guidelines are vetted by the ministry of law and justice," it said.

The Times of India, 27 October, 2015, http://timesofindia.indiatimes.com/india/Centre-to-seek-review-of-SC-order-on-banning-photos-of-leaders-in-government-ads/articleshow/49545696.cms


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