Dismissed

Traffic Dr.K.R.Ramaswamy v. The Chief Secretary

Madras HC10 Jun 2019WP/7819/2019

Case brief

AI extract

What is this about?

Petition seeking a mandamus to direct the Union Information and Broadcasting Ministry to frame rules requiring government advertisements to be published in black and white and in inner pages to save public money. The court held that the Supreme Court's Common Cause guidelines already cover the field and no fresh directions were needed, and dismissed the petition.

What the court decided

AI extract

Traffic Dr.K.R.Ramaswamy Vs The Chief Secretary — Madras HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.06.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.7819 of 2019

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Traffic Dr.K.R.Ramaswamy, Social Activist / Senior Citizen.

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2 Selvi D.Vembu, Student of Traffic Dr.K.R.Ramaswamy .. Petitioners

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Vs. 1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009. 2. The Secretary, Government of India, information & Broadcasting Department, A Wing, Shasthri Bhavan, New Delhi - 110 001.

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The Secretary, Indian Railways, Government of India, Rail Bhavan, New Delhi.

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The Secretary, Ministry of Labour and Employment Department, New Delhi.

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The Secretary, Employees State Insurance Corporation, New Delhi. 6. The Chief Editor, Times of India, Venkatnarayana Road, T.Nagar, Chennai - 17.

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https://hcservices.ecourts.gov.in/hcservices/

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The Chief Editor, Dinakaran Daily Tamil, Luz Church Road, Chennai - 4. .. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus, directing the respondents to consider the representation / complaint dated 06.03.2019 MISC 50 AND 51 / 2019 and direct the 2nd respondent frame the rules for save the public tax payers money by way of giving government advertisements in black and white format also giving advertisements inner / middle pages.

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For Petitioners: Mr.K.Arvind

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For R1 : Mr.E.Manoharan Additional Government Pleader For R3 : Mr.P.T.Ramkumar Standing Counsel for Railways For R2, R4 to R7: No Appearance O R D E R (Order of this Court was made by S.MANIKUMAR, J.)

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Petitioners, claiming themselves to be social activists, have filed the instant writ petition, for a writ of mandamus, directing the respondents to consider their representations / complaints dated 06.03.2019 in MISC 50 and 51 / 2019 and to direct the Secretary, Government of India, Information & Broadcasting Department, New Delhi, 2nd respondent, to frame rules for saving the public tax payers' money by way of giving government advertisements in black and white format and also giving advertisements inner / middle pages.

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2. In the supporting affidavit to the writ petition, the petitioners have averred as follows:

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(i) Central and state Governments are giving advertisements in newspapers in English and also in regional languages of the state for the purpose of delivering the message of the government projects and achievement, tenders, and public notice, to the public. They are giving full page and half page advertisements. Said advertisements are mostly in colour print and in the 1 st page of the newspapers.

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(ii) Go vernment is totally wasting the tax payers money / public money in giving advertisements. The object of the

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https://hcservices.ecourts.gov.in/hcservices/

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advertisement is delivering the message of the government projects and achievements to the public. But 1^st page advertisements and colour format advertisements are very high cost vary about 50% of amount in black and white advertisements and inner page advertisements.

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(iii) Most of the subscribers of the newspapers, read all the pages of the newspapers, hence if the government gives the advertisements in inner / middle page of the newspaper, it is not going to affect purpose of giving advertisements by the state and central governments and also it will save huge money.

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(iv) The full page advertisements in colour rate are about several lakhs, but the black and white advertisement is less 50 % in colour rates. If the governments give the advertisements in black and white format it will save several lakhs of the amount.

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(v) Though, the Secretary to the Government of India, Information & Broadcasting Department, New Delhi, 2^nd respondent herein has issued DAVP guidelines and print media advertisement policies of the government, the said guidelines are not followed to save the funds and there is no justification of government advertisements. Therefore, petitioners sent representation on 06.03.2019 to consider and frame rules for saving the public tax payers money by way of giving government advertisements in black and white format and also in giving advertisements, in inner / middle pages. The said represenations remained unanswered and therefore the petitioners have filed the instant writ petition, for the relief stated supra.

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3. Heard the learned counsel for the parties and perused the materials available on record.

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4. Representations of the petitioner, dated 06.03.2019, addressed to (i) The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai; (ii) The Secretary, Gov. of T.N., Information & Broadcasting, Secretariat, Chennai; (iii) The Secretary, Indian Railways, Government of India, New Delhi; (iv) The Secretary, Ministry of Labour and EmpOIoyment Department, New Delhi; (v) The Secretary, Employees State Insurance Corporation, New Delhi; (vi) The Chief Editor, Times of India, Venkatnarayana Road, T.Nagar, Chennai-17; and (vii) The Chief Editor, Dinakaran Daily Tamil, Luz Church Road, Chennai-4, reads as under, MISC/50/2019 INPERSON 6.3.2019 AT 6.30 A.M.

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Dear Sir,

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SUB:- REQUEST TO SUBMIT THE DETAILS OF PUBLIC MONEY SPENT ON FULL PAGE COLOR & BLACK AND WHITE NEWS PAPER ADVERTISEMENT IN VARIOUS NEWS PAPERS IN SO MANY OCCATIONS ESPECIALLY IN THE “TIMES OF INDIA" AND “DINAKARAN" AND “DINA MALAR" NEWS PAPER DATED 5.3.2019 UNNECESSARILY WITHOUT ANY BASIS AND

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REASON BUT ONLY FOR POLITICAL MILEAGE/SELF PUBLICITY OF PRIME MINISTER SH. NARENDER MODI AT THE TIME OF LOK SABA ELECTION -2019 WHICH IS LIKELY TO BE SCHEDULED IN THE MONTH OF MAY- 2019 AND ALSO INITIATE DEPARTMENTAL ACTION AGAINST THE CONCERNED GOVERNMENT OFFICIALS WHO MISUSING THE TAX PAYERS GOVERNMENT FUNDS ON ADVERTISEMENT - REG.

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*****

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I, Traffic Dr. K.R. Ramaswamy, 85 years senior citizen and social activist md P.I.L. activist in order to save the public money I send this request or legal notice to you as follows:-

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1 ) Today's maximum Tamil and English daily news papers namely "Times of India, Dinakaran and Dinamalar dated 6.3.2019 shows that number of full pagers colour advertisements with the photograph of Prime Minister Sh.Narender Modi in the name of government functions advertisement were published by using or spending the Tax payers public money unnecessarily without any profit or basis especially when the government is running with debt and deficit funds conditions.

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The government funds are being misused by the concerned officials lor the aforesaid paper advertisements in the name of Prime Minister Sh. Narender Modi for his self publicity and political mileage especially at the time of 2019-Lok Saba Election is likely to be announced in the couple of days and is likely to be scheduled in the month of May-2019. These misuse of the public money is not only amounts to violation Election Code of Conduct but the same is also illegal.

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I have also filed a PIL W.P. No. 16307 of 2017 before the Hon'ble High Court of Judicature at Madras against the misuse of public money on spending governmental advertisement further for restraining the T.N. State government Chief Secretary and other officials not to make any government advertisements for government functions with image of J. Jayalalitha since she was convicted by the Trial Court under the provisions of Prevention of Corruption Act. The said case is pending for adjudication after notice.

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IT IS THEREFORE I REQUEST YOU TO SUBMIT THE DETAILS OF PUBLIC MONEY SPENT ON FULL PAGE COLOR & BLACK AND WHITE NEWS PAPER ADVERTISEMENT IN VARIOUS NEWS PAPERS IN SO MANY OCCATIONS ESPECIALLY IN THE “TIMES OF INDIA" AND "DINAKARAN" AND “DINA MALAR" NEWS PAPER DATED 5.3.2019 UNNECESSARILY WITHOUT ANY BASIS AND REASON BUT ONLY FOR POLITICAL

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https://hcservices.ecourts.gov.in/hcservices/

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MILEAGE/SELF PUBLICITY OF PRIME MINISTER SH NARENDER MODI AT THE TIME OF LOK SABA ELECTION -2019 WHICH IS LIKELY TO BE SCHEDULED IN THE MONTH OF MAY-2019 AND ALSO INITIATE DEPARTMENTAL ACTION A G A I N S T THE CONCERNED GOVERNMENT OFFICIALS WHO MISUSING THE TAX PAYERS GOVERNMENT FUNDS ON ADVERTISEMENT, IMMEDIATELY ON THE RECEIPT OF THIS LEGAL NOTICE FAILING IN WHICH I WILL BE CONSTRAINED TO TAKE LEGAL ACTION AGAINST YOU BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT MADRAS AT YOUR OWN COSTS AND RISKS.

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THANKING YOU

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YOURS SINCERELY TRAFFIC DR. K.R. RAMASWAMY Senior Citizen, Social Activist & Petitioner

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MISC/51/2019 INPERSON 06.3.2019 AT 11.30 A.M. Dear Sirs, SUB:- REQUEST TO FRAME THE RULE / AMEND THE GUIDE LINES ALL GOVERNMENT ADVERTISEMENTS IN NEWS PAPER SHOULD APPEAR IN BLACK AND WHITE ALSO NOT GIVE ANY GOVERNMENT ADVERTISEMENT IN FRONT PAGE OF THE NEWS PAPERS TO SAVE AND PREVENT THE MISUSE OF TAX PAYERS MONEY AND SUBMIT THE DETAILS OF PUBLIC MONEY SPENT ON FULL PAGE / HALF PAGE COLOR & BLACK AND WHITE NEWS PAPER ADVERTISEMENT IN VARIOUS NEWS PAPERS IN SO MANY OCCATIONS ESPECIALLY IN THE “TIMES OF INDIA” AND “DINAKARAN” AND "DINAMALAR” NEWS PAPER DATED 05.03.2019 and 06.03.2019 UNNECESSARILY WITHOUT ANY BASIS AND REASON BUT ONLY FOR POLITICAL MILEAGE/SELF PUBLICITY OF PRIME MINISTER SH. NARENDER MODI AT THE TIME OF LOK SABA ELECTION -2019 WHICH IS LIKELY TO BE SCHEDULED IN THE MONTI I OF MAY-2019 AND ALSO INITIATE DEPARTMENTAL ACTION AGAINST THE CONCERNED GOVERNMENT OFFICIALS WHO MISUSING THE TAX PAYERS GOVERNMENT FUNDS ON ADVERTISEMENT - REG.

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I, Selvi Vembu, Student of Traffic Dr. K.R. Ramaswamy, getting I raining in filing P.I.L. petitions 28 years as a social worker joined 5 years with DR.TRAFFIC RAMASWAMY, and social activist and P.I.L. activist in order to save the public money I send this request and in four months Training filed TWO Petitions in Madras High Court last month and sending legal notice to you as follows:-

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Today’s maximum Tamil and English daily news papers namely “Times of India, Dinakaran and Dinamalar

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https://hcservices.ecourts.gov.in/hcservices/

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dated 05.03.2019 and 06.03.2019 shows that number of full pages colour advertisements with the photograph of Prime Minister Sh. Narender Modi the name of government functions advertisement were published by using or spending the Tax payers public money unnecessarily without any profit or basis especially when the government is running with debt and deficit funds conditions.

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The government funds are being misused by the concerned officials for the aforesaid paper advertisements in the name of Prime Minister Sh. Narender Modi for his self publicity and political mileage especially at the time of 2019-Lok Saba Election is likely to be announced in the couple of days and is likely to be scheduled in the month of May- 2019. This misuse of the public money is not only amounts to violation Election Code of Conduct but the same is also illegal.

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My Guru Traffic DR. K.R.Ramaswamy also filed a PIL W.P. No. 16307 of 2017 before the Hon’ble High Court of Judicature at Madras against the misuse of public money on spending governmental advertisement further for restraining the T.N. State government, Chief Secretary and other officials not to make any government advertisements for government functions with image of J. Jayalalitha since she was convicted by the Trial Court under the provisions of Prevention of Corruption Act. The said case is pending for adjudication after notice.

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I state that huge variations of rates of amount (50%) in news paper advertisements are there in India. Now a day most of the government advertisements appearing in colour print in all news papers, it is totally waste of government funds. also big rate differences are there in first page advertisement and middle page / last page advertisements. 1^st page advertisement is totally waste of government fund, all subscribers read in all pages of the news paper, hence government can avoid 1^st page advertisement.

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I state that already D.A.V.P guidelines available for news paper advertisements but it is not deal about the colour / black and white government advertisement also not deal about the 1^st page or less rate page government advertisements.

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https://hcservices.ecourts.gov.in/hcservices/

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It is therefore I request you request to frame the rule / amend the D.A.V.P guide lines all government advertisements in news paper should appear in black and white also not give any government advertisement in front page of the news papers to save and prevent the misuse of tax payers money and submit the details of public money spent or full page / half page color & black and white news paper advertisement in various news papers in so many occasions especially in the “times of India” and “dinakaran” and “dinamalar” news paper dated 05.03.2019 and 06.03.2019 unnecessarily without any basis and reason but only for political mileage/self publicity of prime minister sh. Narender modi at the time of lok saba election -2019 which is likely to be scheduled in the month of may- 2019 and also initiate departmental action against the concerned government officials who misusing the tax payers government funds on advertisement, immediately on the receipt of this legal notice failing in which i will be constrained to take legal action against you before the Hon’ble high court of judicature at madras at your own costs and risks.

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THANKING YOU

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YOURS SINCERELY

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TRAFFIC DR. K.R. RAMASWAMY Senior Citizen, Social Activist & Petitioner

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5. DAVP guidelines by the Hon'ble Supreme Court vide order dated 23.04.2014 in WP (Civil) No.13 of 2003 and the modified order dated 13.05.2015, are enclosed separately.

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6. In Common Cause vs. Union of India, in W.P.(C).No.13 of 2003, public interest writ petition has been filed for a Mandamus restraining the Union of India and all the State Governments from using public funds for advertising in a manner so as to project the personalities, parties or particular governments and for laying down binding guidelines which will prevent the abuse of public funds by such advertising.

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7. Facts pleaded in W.P.(C).No.13 of 2003, before the Hon'ble Supreme Court, are reproduced:-

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2) The immediate cause of filing these writ petitions in 2003 and 2004 respectively is stated to be the numerous full page advertisements in the print media and repeated advertisements in the electronic media by the Central Government, State Governments and

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its agencies, instrumentalities including public sector undertakings which project political personalities and proclaim the achievements of particular political governments and parties at the expense of the public exchequer. It is also the assertion of the petitioners that such advertisements become more blatant and assumes alarming proportions just before the announcement of the general elections. Accordingly, it is the stand of the petitioners that such deliberate misuse of public funds by the Central Government, State Governments, their Departments and instrumentalities of the State is destructive to the rule of law. Further, it allows the parties in power to patronize publications and media organizations affiliated to the parties in power and also to get favourable media coverage by selective dispersal of the advertising bonanza.

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3) It is projected that the use of public funds for advertising by public authorities to project particular personalities, parties or governments without any attendant public interest is mala fide and arbitrary and amounts to violation of Article 14 of the Constitution of India. It is also highlighted that use and wastage of public funds in political motivated advertisements designed to project particular personality, party or Government by wasting public money is also in violation of the fundamental rights under Article 21 because of diversion of resources by the governments for partisan interests. Such violation, therefore, attracts the remedy under Article 32 for the enforcement of fundamental rights of the citizens. It is the stand of the petitioners herein that a writ of mandamus in such a situation, if it is to be effective, needs to be accompanied by guidelines regulating the same and we accede to the stand of the petitioners.

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4) On the other hand, Union of India and various States submitted the necessity of advertisement in the print and electronic media for dissemination of information in a democratic setup and further pointed out that since similar issues have already been raised earlier and adjudicated upon by this Court as also some High Courts such as Bombay and Delhi, hence akin grounds should not be entertained in these petitions. With these averments and in the light of the earlier decision of this Court in Manzoor Ali Khan & Anr. vs. U.O.I. & Ors. [Writ Petition (Civil) No. 83 of 2005] decided on 10.01.2011, the respondents herein prayed for dismissal of both the writ petitions.

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https://hcservices.ecourts.gov.in/hcservices/

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8. After considering the existing DAVP/Policy/Guidelines, and sevaral cases on advertisement, the Hon'ble Apex Court on 23.04.2014 in W.P.(C).No.13 of 2003, at paragraph Nos.24 to 26, ordered thus:-

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24) In these circumstances, conceding that the existing DAVP policy/guidelines do not govern the issues raised in these writ petitions and do not lay down any criteria for the advertisements to qualify for “public purpose” as opposed to partisan ends and political mileage, there is a need for substantive guidelines to be issued by this Court until the legislature enacts a law in this regard. The petitioners through their written submissions have proposed guidelines in this regard, however, on going through the same, we recognized that the petitioners herein have basically adopted the proposed guidelines verbatim from other jurisdiction viz., Australia. Accordingly, we do not think that it will be appropriate for this Court to adopt the guidelines of other country without application of mind and appreciation of situation in our country.

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25) Keeping in mind that the time available to this Court is limited and the subject matter for which guidelines are to be framed is sensational and significant, we deem it proper to constitute a Committee consisting of three members to undertake the task of suggesting guidelines to this Court after an intricate study of all the best practices in public advertisements in different jurisdictions and to submit the same before this Court preferably within a period of three months. The Committee will consist of the following members:

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1) Prof. (Dr.) N.R. Madhava Menon, former Director, National Judicial Academy, Bhopal.

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2) Mr. T.K. Viswanathan, former Secretary General, Lok Sabha.

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3) Mr. Ranjit Kumar, Senior Advocate In order to coordinate and render assistance to the Committee, we appoint the Secretary, Ministry of Information and Broadcasting as Member Secretary.

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26) The matter be posted for further direction before this Court on the expiry of three months from today along with the suggestions as may be submitted by the Committee pursuant to this judgment.

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9. Committee constituted has submitted the report. Contents of the guidelines suggestions by the committee and considered by the Hon'ble Apex Court in Common Cause case, is reproduced:-

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6. The contents of the guidelines suggested by the Court appointed Committee may be usefully extracted

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https://hcservices.ecourts.gov.in/hcservices/

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hereinbelow: “Guidelines on Content Regulation of Government Advertising

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(1) These Guidelines shall be called the Government Advertisement (Content Regulation) Guidelines, 2014.

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(2) They shall come into force with effect from…. 2.Application.—(1) These Guidelines shall apply to all government advertisements other than classified advertisements.

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(2) These Guidelines shall apply to the content of all government advertising till a suitable legislation is enacted by the Government to prevent the misuse of public funds on advertisements to gain political mileage as distinct from legitimate government messaging.

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(3) These Guidelines shall apply to all—

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(a) institutions of Government;

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(b) public sector undertakings;

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3.Definitions.—In these Guidelines unless the context otherwise requires—

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(a) ‘classified advertisements’ include public notices, tenders, recruitment notices, statutory notifications.

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(b) ‘DAVP Guidelines’ means the existing guidelines of the Directorate of Advertising and Visual Publicity of the Ministry of Information and Broadcasting dealing with the eligibility and empanelment procedures and rates of payment and such other matters;

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(c) ‘Government’ means Central Government, State Governments/Union Territory Administrations and also includes local bodies, public sector undertakings and other autonomous bodies/organisations established under a Statute.

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(d) ‘government advertising’ means any message, conveyed and paid for by the Government for placement in media such as newspapers, television, radio, internet, cinema and such other media but does not include classified advertisements; and includes both copy (written text/audio) and creative (visuals/video/multimedia) put out in print, electronic, outdoor or digital media.

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4.Objects.—The objects of these Guidelines are—

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(a) to prevent arbitrary use of public funds for advertising by public authorities to project particular personalities, parties or Governments without any attendant public interest;

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(b) neither to belittle the need nor to deny the authority of the Union and State Governments and its agencies to disseminate information necessary for public to know on the policies and programmes of Government but only to exclude the possibility of any misuse of public funds on advertisement campaigns in order to gain political mileage by the political establishment;

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(c) to address the gap in the existing DAVP Guidelines which only deal with the eligibility and empanelment of newspapers/journals or other media, their rates of payment, and such like matters and not on how to regulate the content of government advertisements;

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(d) to ensure that ‘all government activities satisfy the test of reasonableness and public interest, particularly while dealing with public funds and property’;

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(e) to ensure that government messaging is well coordinate, effectively managed in the best democratic traditions and is responsive to the diverse information needs of the public.

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5.Government advertisement to inform citizens.— Subject to these Guidelines Government may place advertisements or purchase advertising space or time in any medium to inform citizens about their rights and responsibilities, about government policies, programmes, services or initiatives, or about dangers or risks to public health, safety or the environment.

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6.The five principles of content regulation.—While placing advertisements or purchasing advertising space in any media, the Government shall be guided by the following principles, namely—

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(1)Advertising campaigns to be related to government responsibilities.— While it is the duty of the Government to provide the public with timely, accurate, clear, objective and complete information about its policies, programmes, services and initiatives since the public has a right to such information, the content of government advertisements should be relevant to the governments' constitutional and legal obligations as well as the citizens' rights and entitlements.

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(2) Advertisement materials should be presented in an objective, fair and accessible manner and be designed to meet the objectives of the campaign.—(i) The material shall be presented in a fair and objective manner and shall be capable of fulfilling the intended objectives;

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(ii) Government shall exercise due caution while

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deciding the content, layout, size and design of the message including the target area and the creative requirement of the intended communication in order to ensure that the maximum reach and impact is achieved in the most cost-effective manner;

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(iii) Content of advertisement must enable the recipients of the information to distinguish between facts and analysis and where information is presented as a fact, it should be accurate and verifiable;

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(iv) Pre-existing policies, products, services and initiatives should not be presented as new unless there has been a substantial change or modification of such policies, products or services;

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(v) Content of advertisement should provide information in a manner that accommodates special needs of disadvantaged individuals or groups identified as being within the target audience;

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(vi) Multiple formats may be used to ensure equal access;

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(vii) Every effort shall be made to pre-test the material in case of large-scale campaign with target audiences.

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(3) Advertisement materials should be objective and not directed at promoting political interests of ruling party.—(i) Display material must be presented in objective language and be free of political argument or partisan standpoint.

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(ii) Government advertising shall maintain political neutrality and avoid glorification of political personalities and projecting a positive impression of the party in power or a negative impression of parties critical of the Government.

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(iii) Advertisement materials must not—

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(a) mention the party in government by name;

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(b) directly attack the views or actions of others in opposition;

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(d) aim to influence public support for a political party, candidate for election; or

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(e) refer to link to the websites of political parties or politicians.

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(iv) Government advertisement materials should avoid photo-graphs of political leaders and if it is felt essential for effective government messaging, only the photographs of the President/Prime Minister or Governor/Chief Minister should be used.

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(v) Government advertisements shall not be used at patronising media houses or aimed at receiving favourable reporting for the party or person in power.

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https://hcservices.ecourts.gov.in/hcservices/

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(4) Advertisement campaigns be justified and undertaken in an efficient and cost-effective manner.— (a) Since it is the responsibility of the Government to safeguard the trust and confidence in the integrity and impartiality of public services and hence it should be the policy of Governments to use public funds in such a manner as to obtain maximum value for taxpayers' money;

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(b) Advertisement campaigns must be justified and undertaken in an efficient and cost-effective manner;

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(i) decide and announce beforehand, a list of personalities on whose birth or death anniversaries, advertisements could be released every year and specify which Ministry/Department could release the same;

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(ii) avoid the issue of multiple advertisements by different departments and PSUs of the same Government in Commemorative Advertisement and shall issue a single advertisement only;

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(d) Though advertising by Governments should remain regulated all the time, it is particularly important to scrupulously follow these principles before and during the elections. As far as possible, during the period prior to elections, only those advertisements required by law (such as public health and safety advisories or job and contract advertisements) alone be released by Governments;

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(e) Advertisement campaigns should only be need based; and

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(f) In case of large volume advertisement campaigns, post-campaign impact assessment is necessary to be included in the planning process itself and shall identify the indicators to measure success when the campaign has ended.

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(5) Government advertising must comply with legal requirements and financial regulations and procedures. —Governments shall ensure that all advertisements comply with—

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(i) relevant laws regarding privacy, intellectual property rights, election laws and consumer protection laws apart from laws in respect of broadcasting and media; and

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(ii) copyright laws and ownership rights associated with works subject to copyright are fully respected.

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7. Compliance and enforcement.—(1) The Government shall appoint an Ombudsman who shall be an eminent expert independent of the Government to receive complaints of violations of Guidelines and to

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recommend action in accordance with the Guidelines.

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(2) Heads of government departments and agencies shall be responsible for ensuring compliance with these Guidelines and shall follow a procedure of certification of compliance before advertisements are released to the media.

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(3) As part of the performance audit of the Ministry/Department/Agency—

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(a) there shall be separate audit of the compliance of Advertisement Guidelines by the Ministry/Department/Agency concerned; and

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(b) The annual report of such Ministry/Department/Agency shall publish the findings of such audit and the money spent on advertising.

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(4) The regulatory bodies of print and electronic media will be within their powers to impose sanctions against such media groups acting against these Guidelines in seeking or obtaining government advertisements.

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8. General.—(1) These Guidelines shall be in addition to and not in derogation of the existing Guidelines which are in place under the existing Advertisement Policy of Government.

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(2) These Guidelines are equally applicable to State Governments and its agencies. The State Governments shall undertake amendments to whatever policies they have in this regard and observe the Guidelines strictly in letter and spirit.

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(3) The Ombudsman may recommend suitable changes to the Guidelines to deal with new circumstances and situations.

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(4) The Government shall take necessary steps to initiate necessary legislation on the subject, given its importance for democracy, human rights and good governance.”

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Whether the guidelines recommended should commend acceptance and if so whether the same should be made operative and enforceable under Article 142 of the Constitution.

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7. In the earlier order dated 23-4-2014 [Common Cause v. Union of India, (2014) 6 SCC 552] , this Court, after holding that reasonableness and fairness consistent with Article 14 of the Constitution would be the ultimate test of all State activities proceeded to hold that the deployment of public funds in any government activity which is not connected with a public purpose would justify judicial intervention. We would like to say something more.

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8. Part IV of the Constitution is as much a guiding light for the Judicial organ of the State as

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the Executive and the Legislative arms, all three being integral parts of the “State” within the meaning of Article 12 of the Constitution. [Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1 : (1966) 3 SCR 744] , [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225, para 1703] A policy certainly cannot be axed for its alleged failure to comply with any of the provisions of Part IV. Neither can the courts charter a course, merely on the strength of the provisions of the said Part of the Constitution, if the effect thereof would be to lay down a policy. However, in a situation where the field is open and uncovered by any government policy, to guide and control everyday governmental action, surely, in the exercise of jurisdiction under Article 142 of the Constitution, parameters can be laid down by this Court consistent with the objects enumerated by any of the provisions of Part IV. Such an exercise would be naturally time-bound i.e. till the legislature or the executive, as the case may be, steps in to fulfil its constitutional role and authority by framing an appropriate policy.

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9. Articles 38 and 39 of the Constitution enjoin upon the State a duty to consistently endeavour to achieve social and economic justice to the teeming millions of the country who even today live behind an artificially drawn poverty line. What can be the surer way in the march forward than by ensuring avoidance of unproductive expenditure of public funds. This is how we view the present matter and feel the necessity of exercise of our jurisdiction under Article 142 of the Constitution to proceed further.

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10. It is neither possible nor feasible or even necessary to try and encompass the myriad situations where government advertisements are issued. Indeed, the situations and circumstances; events and occasions on which government advertisements are issued are infinite. Nevertheless, an attempt can be made to arrive at a broad categorisation for the purpose of an illustrative understanding.

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10. After considering the same, on 13.05.2015, in W.P.(C.) No.13 of 2003, the Hon'ble Apex Court, ordered as hereunder:-

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Advertisements highlighting completion of a fixed period of the Government's tenure

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11. Governments at the Centre as well as in the States often bring out advertisements on completion of a number of days, months and years of governance. In such advertisements, not only the “achievements” are

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highlighted even the different tasks which are in contemplation are enumerated. By way of example one of the points highlighted may be supply of electricity to each and every village. Though the achievements of a Government should not be a matter of publicity and really ought to be a matter of perception to be felt by the citizens on the results achieved, such advertisements do have the effect of keeping the citizens informed of the Government functioning and therefore would be permissible. Advertisements announcing projects

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12. On an everyday basis both the Government at the Centre as well as in different States issue advertisements announcing events like laying of the foundation of different development projects or the inauguration of projects completed. In many of such advertisements the results obtained in the particular field covered by the advertisement and the plan/targets for the future are highlighted. Though such advertisements may look like a report card of the Government there is an element of informative content in such advertisements inasmuch as information is conveyed to the citizens as regards government programmes, policies and achievements. Advertisements issued on the occasion of birth/death anniversaries and such other events

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13. Government advertisements are issued in the memory of great personalities who occupy a significant place in our history, such as, the Father of the Nation, Mahatma Gandhi. While such persons must certainly be remembered, what, however, would not be justified is several similar, if not identical, advertisements issued by different Departments on the same occasion as is happening today. One single advertisement issued by a Central Agency should be enough to commemorate the anniversaries of the few acknowledged and undisputed public figures whose contribution to the national cause cannot raise any dispute or debate. Advertisement issued on certain other occasions, for instance, to mark the centenary year of the Patna High Court does not serve any purpose and must be avoided. Institutions need not be glorified. They must earn glory by contribution and work.

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Advertisements announcing policies and benefits for public

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14. All advertisements that fall within this category would be in public interest. Such advertisements, as for example in respect of the National Savings Schemes informing the public about

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benefits under the Scheme, are purely informational and make people aware of their rights and entitlements. Similarly, advertisements issued to generate public awareness would also be justified on the touchstone of public interest. By way of illustration, an advertisement issued by the Ministry of Health and Family Welfare informing the public of preventable disease, safeguards to be taken, vaccination programmes for the children, etc. would be highly informative and, therefore, justified.

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15. A connected facet of the matter which cannot be ignored is the power of the Government to give/award advertisements to selected media houses and the concomitant issue of freedom of press. Award of advertisements, naturally, brings financial benefit to the particular media house/newspaper group. Patronisation of any particular media house(s) must be avoided and award of advertisements must be on an equal basis to all newspapers who may, however, be categorised depending upon their circulation. The DAVP Guidelines do not deal with the said aspect of the matter and hence the necessity of incorporating the same in the present directions to ensure the independence, impartiality and the neutrality of the Fourth Estate which is vital to the growth and sustenance of democracy will have to be weighed and considered by us.

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16. An analysis of the draft Guidelines as prepared by the Committee set up by this Court in the case may now be made. The applicability of these Guidelines is to all government advertisements other than classifieds and in all mediums of communication, thereby including internet advertising. The objective of these Guidelines emphasise the Government's responsibility to disseminate information necessary for the public to know about the policies and programmes of the Government.

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It principally spells out five principles to regulate the contents of advertisements, namely;

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(i) advertising campaigns are to be related to government responsibilities,

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(ii) materials should be presented in an objective, fair and accessible manner and designed to meet objectives of the campaign,

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(iii) not directed at promoting political interests of a party,

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(iv) campaigns must be justified and undertaken in an efficient and cost-effective manner, and

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(v) advertisements must comply with legal requirements and financial regulations and procedures.

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The five broad Content Regulations contained in the draft Guidelines framed by the Committee are similar to the provisions found in the Australian guidelines. However, under each broad head specific regulatory parameters have been indicated which seem to embody what would be good practices in the Indian context.

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17. While under the first head the requirement of conformity of government advertisements with dissemination of information relating to Government's constitutional and legal obligations and the corresponding rights and entitlements of citizens is being stressed upon, under the second head objective presentation of the materials contained in an advertisement bearing in mind the target audience has been emphasised. Under the third head, the Guidelines state that advertisement materials must not: (a) mention the party in government by its name, (b) attack the views or actions of other parties in opposition, (c) include any party symbol or logo, (d) aim to influence public support for a political party or a candidate for election or (e) refer or link to the websites of political parties or politicians. It is also stated in the Guidelines that photographs of leaders should be avoided and only the photographs of the President/Prime Minister or Governor/Chief Minister shall be used for effective government messaging. The fourth head deals with costeffectiveness of an advertisement campaign and measures to cut down avoidable expenses. A somewhat restricted range of advertising activity on the eve of the elections is also recommended. Appointment of an Ombudsman to hear complaints of violation of the norms and to suggest amendments thereto from time to time, besides special performance audit by the Ministries concerned is also recommended.

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18. The Union Government and the State of Bihar have filed their responses to the Guidelines suggested by the Committee. The State of Bihar suggests that some of the recommendations of the Committee, details of which need not be noticed, are somewhat vague and require a more precise definition or meaning. The only aspect of the suggestions where the State has responded emphatically is with regard to the recommendation to confine the publication of photographs of the President and the Prime Minister of the country and the Governor and the Chief Minister of the State. According to the State of Bihar such a restriction should not be imposed.

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19. The Union in its response to the Guidelines of the Committee has been more categorical in suggesting

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certain changes as well as deletion of some of the recommendations. It will, therefore, be necessary to specifically notice the said objections raised by the Union:

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Content of the Response of the Union recommendations (1)Object of Guidelines (a) To prevent arbitrary The meaning of the word use of public funds for “arbitrary” according to advertising by public the Union needs to be more authorities. specifically defined. (b) To exclude the According to the Union the possibility of any misuse expression “political of public funds on mileage” is inappropriate advertisement campaign in and should be deleted. order to gain political mileage by the political establishments. (2)Five Principles of Content Regulation (a) Clause (vii) under the According to the Union this 2nd point of the 5 should be done only when principles recommended by the same is feasible and the Committee — Every whenever public interest so effort should be made to demands. pre-test the material in case of large-scale campaign with target audiences. (b) Clause (c)(i) under the According to the Union the 4th point of the 5 words “decide and announce principles of Content beforehand” may be deleted Regulation states that “The as the same is not feasible Government shall decide and since issuance of announce beforehand, a list advertisement depends on a of personalities on whose host of factors like birth or death availability of funds, last anniversaries, minute changes and the advertisements could be priorities of the released every year and Government. specify which Ministry/Department could release the same.”

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Content of the Response of the Union recommendations (c) Clause (d) of the 4th According to the Union point of the 5 principles advertisement that serve of Content Regulation public interest may be states that “as far as issued at any point of possible, during the period time. prior to elections, only those advertisements required by law (such as public health and safety advisories or job and contract advertisements) alone be released by the Governments.”

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(3)Ombudsman

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The suggestion of the The Union objects to the Committee with regard to same and seeks deletion of appointment of the the said recommendation as Ombudsman is in the also the recommendation following terms: “The with regard to separate Government shall appoint an performance audit of each Ombudsman who shall be an Ministry and publication of eminent expert independent the result of such audit. of the Government to According to the Union the receive complaints of Government has inbuilt violations of Guidelines machinery for redressal and and to recommend action in for audit purposes. accordance with the Guidelines.”

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20. A consideration of the objections filed by the Union would go to show that the Union seriously disagrees with the recommendations of the Committee in respect of the following matters:

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(1) Restricted publication of photographs of the government functionaries and political leaders along with the advertisement, etc.

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(2) Appointment of an Ombudsman

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(3) The recommendation with regard to performance audit by each Ministry.

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(4) Embargo on advertisements on the eve of the elections.

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21. The rest of the objections are really in the nature of suggestions which having been considered we are of the view that incorporation of the said suggestions made by the Union or otherwise would not make any substantial difference to the impact and

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effect of the said recommendations. It is the recommendations with regard to the publication of photographs; appointment of Ombudsman; carrying out independent audit and embargo on advertisements during election time that will have to be specifically dealt with in some details.

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22. The remaining recommendations of the Committee appear to be comprehensive and based on an analytical approach of the best practices prevailing in other jurisdictions. The said recommendations, in our considered view, would serve public interest by enabling dissemination of information and spreading awareness amongst the citizens not only of the government policies; achievements made and targets to be reached but also the rights and entitlements of the citizens including the availability of a host of welfare measures. The said recommendations, therefore, commend to the Court for acceptance and are accordingly accepted.

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23. At this juncture we may very briefly deal with the situation prevailing in other jurisdictions across the globe. While, undoubtedly there can be no blind adherence to the practices followed in other jurisdictions as what may be appropriate to another country may not be ideal in the Indian context, the correct approach will be to discern some of the best practices prevailing in such jurisdictions and thereafter to test the relevance of the same to our own country. Though the recitals contained in the Report of the Committee do mention a consideration of such good practices prevailing in other jurisdictions there is however no discussion or even an indication of the precise contents of the practices that were found by the Committee to be in existence in other countries. It has therefore become necessary for us to deal with the matter though very briefly. In this regard we may usefully, though illustratively, make a reference to certain practices prevailing in Canada, United Kingdom, New Zealand and Australia.

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24. Insofar as Canada (Ontario) is concerned, it appears that the object of issuing a government advertisement is: (i) to inform the public of current or proposed government policies, programmes or services available to them; (ii) to inform the public of their rights and responsibilities under the law and; (iii) to encourage or discourage specific social behaviour in public interest. Such advertisements are not to include the name, voice or image of any functionary of the State and the primary objective of an advertisement ought not to be to foster a positive

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impression of the ruling government or a negative impression of any person, group or party critical of the Government.

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25. In some of the foreign jurisdictions there is a mechanism for review of advertisements on fixed parameters even before they are published and publication/issuance thereof occurs only upon passing of the required test. In Australia and the United Kingdom, there is an added emphasis on the costeffectiveness of advertising campaigns. In Australia, advertising campaigns of more than a particular pecuniary value i.e. 1 million Australian dollars require to undergo a cost benefit analysis wherein the best options to achieve the intended objective of the campaign has to be determined before launching the same.

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26. The good practices adopted in other jurisdictions as noticed above do find adequate reflection in the recommendations of the Committee which further fortify our conviction to adopt the same.

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27. This will require the Court to consider the different aspects of a government advertisement campaign highlighted earlier on which we have reserved our comments. The first is with regard to publication of photographs of functionaries of the State and political leaders along with the advertisement issued. There can be no manner of doubt that one government advertisement or the other coinciding with some event or occasion is published practically every day. Publication of the photograph of an individual be it a State or party functionary not only has the tendency of associating that particular individual with either the achievement(s) sought to be highlighted or being the architect of the benefits in respect of which information is sought to be percolated. Alternatively, programmes/targets for the future as advertised carry the impression of being associated with the particular individual(s). Photographs, therefore, have the potential of developing the personality cult and the image of one or a few individuals, which is a direct antithesis of democratic functioning.

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28. The legitimate and permissible object of an advertisement, as earlier discussed, can always be achieved without publication of the photograph of any particular functionary either in the State of a political party. We are, therefore, of the view that in departure to the views of the Committee which recommended permissibility of publication of the photographs of the President and Prime Minister of the country and Governor or Chief Minister of the State

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along with the advertisements, there should be an exception only in the case of the President, Prime Minister and Chief Justice of the country who may themselves decide the question. Advertisements issued to commemorate the anniversaries of acknowledged personalities like the Father of the Nation would of course carry the photograph of the departed leader.

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29. Insofar as the recommendation with regard to the appointment of Ombudsman is concerned, we are of the view that for ironing out the creases that are bound to show from time to time in the implementation of the present directions and to oversee such implementation the Government should constitute a three-member body consisting of persons with unimpeachable neutrality and impartiality and who have excelled in their respective fields. We could have but we refrain from naming the specific persons and leave the said exercise to be performed by the Union Government.”

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11. Subsequently, on 18.03.2016, the Hon'ble Apex Court modified the earlier order as hereunder:-

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" (i) The exception carved out in paragraph 23 of the aforesaid judgment dated 13th May, 2015 permitting the publication of the photographs of the President, Prime Minister and Chief Justice of the country, subject to the said authorities themselves deciding the question, is now extended to the Governors and the Chief Ministers of the States.

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(ii) In lieu of the photograph of the Prime Minister, the photograph of the Departmental (Cabinet) Minister/Minister In-charge of the concerned Ministry may be published, if so desired.

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(iii) In the States, similarly, the photograph of the Departmental (Cabinet) Minister/Minister In-charge in lieu of the photograph of the Chief Minister may be published, if so desired.

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(iv) All other observations/directions in the aforesaid judgment dated 13th May, 2015 shall continue to remain in force subject to the above modification."

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12. Chapter 6 of the Manual on Model Conduct of Conduct issued for the guidelines of political parties and candidates and other related guidelines deals with publication of advertisements at cost of public exchequer, and the same is reporduced:-

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6.1 Introduction

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6.1.1 Use of public funds on government advertisements during elections has been a major

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concern to the Election Commission. The primary objective of government advertisements is to use public funds to inform the public of their rights, obligations and entitlements as well as to explain government policies, programmes, services and initiatives. But the general practice is that large boards and hoardings are erected, at government cost, on road sides giving information about the works executed by MPs/MLAs with their photographs from out of their local areas development funds.

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6.1.2 Model Code restricts issue of advertisements at the cost of public exchequer in newspapers and other media and misuse of official media for partisan coverage of political news and publicity regarding achievements of the party in power with a view to furthering its prospects in elections.

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6.1.3 During 2004 parliamentary elections, a question was raised whether all such boards and hoardings should be removed. During the same elections, the Election Commission gave instructions that all publicity hoardings put up by the State governments on the eve of elections highlighting their achievements, may be removed. The Election Commission directed that photographs of MPs/MLAs be suitably covered. The same instruction was applied in the case of photograph of the Prime Minister on publicity boards displayed on main highways, newly laid or improved under the Prime Minister’s Golden Quadrilateral Scheme.

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6.1.4 The Election Commission also directed that advertisements highlighting welfare schemes and achievements of the Central and State Governments being published in the newspapers having circulation in poll-bound states shall be forwarded to the Election Commission for clearance.

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6.1.5 In 2009 general elections, the Election Commission considered certain advertisements in some newspapers by Union Bank of India and Canara Bank highlighting their achievements to be violation of Model Code and cautioned Chairmans and Managing Directors of the banks to be careful in future.

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6.1.6 During the general election to the Karnataka Legislative Assembly in 2013, the Government proposed to release some TV spots and advertisements relating to a conference of World Trade Organization held in Hyderabad. The Government was permitted to telecast the proposed TV spots on TV channels in Andhra Pradesh and also to publish the advertisements, on the condition that the slides containing photographs of political leaders were omitted and the advertisements

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with names and photographs of the Prime Minister, Union Minister of State for Tourism and Chairperson of United Progressive Alliance, were not published in newspapers being published/having circulation in Karnataka.

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6.1.7 At the time of a bye-election to Tamil Nadu Legislative Assembly in 2015, the Election Commission issued an order to cover paintings of leaves resembling the symbol of the ruling party appearing on mini buses plying in the state. The Madras High Court, before whom the order of the Election Commission was challenged, held that the impugned order was passed by the Election Commission in the interest of voters and that it had not interdicted policy decision enunciated by any authority and thus the order was within jurisdiction of the Election Commission under Article 324 of the Constitution.

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6.2 Supreme Courts’ Guidelines

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6.2.1 On a petition from ‘Common Cause’ for laying down appropriate guidelines to regulate government advertisements during elections, the Supreme Court constituted a Committee in 2014 for deliberation in the matter. On the basis of suggestions received from the Committee, on 13 May 2015, the Supreme Court issued guidelines under Article 142 of the Constitution, till the period Parliament/government frames appropriate policy. The essence of the guidelines is as follows:

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(i) Display material must be presented in objective language and be free of political argument or partisan standpoint.

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(iii) Advertisement materials must not-

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(a) mention the party in government, by name;

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(b) directly attack views or actions of others in opposition;

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(d) aim to influence public support for a political party, candidate for election; Or

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(e) refer to link to websites of political parties or politicians;

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(iv) Government advertisement materials should avoid photographs of political leaders and if it is felt essential for effective government messaging,

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only the photographs of the President/Prime Minister should be used;

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(v) Government advertisements shall not be used at patronizing media houses or aimed at receiving favourable reporting for the party or person in power.

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(vi) In such government advertisements only the photographs of the President, Prime Minister and the Chief Justice of India alone should be published and that too may be decided by the above constitutional functionaries themselves.

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6.2.2 Subsequently, on consideration of the review petitions filed by the Central Government and several State Governments, the Supreme Court modified the above guidelines by its order dated 18 March 2016 and permitted publication of photographs of the Governor and Chief Ministers of the states also in the government advertisements. Further, the court also allowed publication of photographs of Cabinet Minister/Minister in charge of the concerned ministry in lieu of photograph of the Prime Minister, and likewise, publication of photograph of the Minister/Minister in charge of the concerned department of the state government was allowed in lieu of photograph of the Chief Minister, if so desired. The Ministry of Information and Broadcasting, in compliance with the Supreme Court’s directions dated 13 May 2015, constituted a three member Committee under Sh. B.B. Tandon, former Chief Election Commissioner to address the issues related to content regulation in government advertising.

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6.3 Consolidated Guidelines

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6.3.1 In 2004, the Election Commission issued detailed instructions on publication of government advertisements (Annexure X). Later on more instructions were issued, which are summarized as follows:

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(i) No advertisements shall be issued in electronic and print media highlighting the achievements of the Govt. at the cost of public exchequer. If any advertisement has already been released for telecast/broadcast or publication in the print media, it must be ensured that telecast/broadcast of such ads on electronic media is stopped forthwith and that no such ad is published in any newspapers, magazines, etc., i.e. in print media, from the date of announcement and it should be immediately withdrawn.

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(ii) For pre-viewing, scrutinizing and certifying advertisements to be telecast over TV channels and

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cable networks by any registered political party or by any group or organization / association, having headquarters in NCT of Delhi, the Chief Electoral Officer, Delhi shall constitute a Committee as directed in the Order. Similarly, the Chief Electoral Officers of other States / Union Territories will constitute Committees for dealing with applications by political parties and other associations / groups with headquarters in their States / Union Territories, as per provided in the Order. Returning Officer of every Parliamentary Constituency has been declared as Designated Officer for previewing, scrutinizing and certifying advertisements by individual candidates contesting election from the constituency concerned.

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(iii) Further, the Chief Electoral Officers of all States / Union Territories are also required to constitute further a Committee to attend to complaints / grievances in regard to the decision of the Committees of Designated Officers on the application for certification of advertisements.

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(iv) Each application for certification is to be submitted before the Committee concerned or the Designated Officer concerned in a statement as per the prescribed format. The certificate for telecast for an advertisement is to be given by the Committee / Designated Officer in the prescribed format. The applicants are required to submit two copies of the proposed advertisements in electronic form alongwith an attested transcript thereof.

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(v) A proper record in a register should be maintained for all applications received for certification. Each application should be serially numbered and the serial numbers should also be indicated on the two copies in electronic form and the receiving officer should affix his signature on the electronic copy. After issue of certificate, one electronic copy of the advertisement as certified for telecast, should be retained by the Committee / Designated Officer.

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(vi) All Chief Electoral Officers may take immediate action for acquiring, by hiring or purchase, necessary equipments / infrastructure, such as television. VCR, VCD, etc. that may be required for the purpose of previewing and scrutinizing of advertisements by the Committees and Designated Officer in their State / Union Territory. Purchase of equipment, if any, is to be made in accordance with the rates and procedures approved by the State Governments for similar items.

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6.4 Display of Advertisements and Hoardings At the Cost of Public Exchequer

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6.4.1. The Election Commission has directed that such hoardings, advertisements, etc., put up by the Government, which purport to give general information or convey general messages to the masses on family planning, social welfare schemes etc. may be allowed to be displayed. However, all the hoardings, advertisements, etc. at the cost of public exchequer, which seek or purport to project the achievements of any living political functionary or political party and which carry his photo or name or party symbol should be removed forthwith as no political functionary or political party can use public resources and incur or authorize expenditure from public exchequer to eulogise himself or itself or enhance his/its own or any political leader’s personal image. Such hoardings, etc. undoubtedly amount to their individual/party election campaign at public cost.

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6.4.2. The Election Commission has also directed that no advertisements should be issued in the newspapers and other media, including electronic media, at the cost of public exchequer during the election period and misuse of mass media during election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power, should be scrupulously avoided.

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6.5 Publication of Advertisements in Non Poll Going States

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6.5.1 It has been observed that many times advertisements highlighting welfare schemes and achievements of the Central Government and State Governments are published by some non-poll going State Governments, in the editions of newspapers having circulation in the States where elections are going on. The Election Commission considers this to be a violation of Model Code.

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6.5.2 The Election Commission has directed that all such advertisements issued by the State Governments of non-poll going States and proposed to be published in the newspapers of poll going States, during the period when Model Code is in effect, should be got cleared from the Election Commission, before they are sent for publication in the newspapers having editions or having circulation in the poll-bound States.

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6.5.3 The Election Commission has noted that despite issue of the above instructions,

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advertisements are issued by some non-poll going States in newspapers having editions or having circulation in the poll bound states, without obtaining the Election Commission’s clearance. The Election Commission has expressed its displeasure over such violations of its instructions. The Election Commission has further advised that, in future, if any such violation of its instructions is brought/come to its notice, the Secretary/ Director of the Information and Public Relations of the concerned Government shall be held directly responsible for such lapse.

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6.6 Publication of Advertisements in Connection with Special Occasions/Days

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6.6.1 The Election Commission has taken a clear stand that there will be no objection to release of such advertisements in connection with special occasions/days like World Habitat Day/ Pulse Polio/HIV Awareness Campaigns and celebrations of various ‘Diwas’ like Independence Day/Republic Day/ Gandhi Jayanti/ State Formation Days etc., provided they do not contain photograph/political message/reference of any Minister/ political dignitary/political party. The said advertisements should not highlight achievements of the party in power, which may influence the voters and induce them to vote in their favour.

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6.6.2 It is observed that various important historical days like Independence Day, Republic Day, Gandhi Jayanti, Shivaji Jayanti or State Formation Days falling during election period are celebrated with much fanfare and attended to by Central/State Ministers who, at time, make it a platform for gaining political advantage by highlighting the achievements of the party in power or their political functionaries contesting the elections. The Election Commission has taken a serious note of this and decided that while Ministers can participate in such celebrations, the theme of their speeches should be confined only to the historical background, deeds and achievements of the historical figures and they must take utmost care not to make any political speech converting the forum into a platform for political campaign.

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6.6.3 For similar reasons, there will be a complete ban on celebrations like “xxx years/days in power” during this period as such occasions are virtually utilized to highlight the achievement of the party in power.

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6.7 Continuation of Aadhaar Related Publicity in Various States It has been clarified that only those Aadhaar related publicity can be done during election period, which has objective to give information about

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Aadhaar Card to the general masses. Any publicity highlighting achievements of the scheme or the Authority or Government will not be allowed to be made.”

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13. Election Commission of India, New Delhi has issued a Compendium of Instructions on Model Code of Conduct and they are reproduced:-

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INSTRUCTION Sl. No. 43

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ECI letter No. 437/6/INST/2009-CC&BE dated 23rd February 2009 addressed to the Chief Secretaries and Chief Electoral Officers of all States and Uts Subject: Publication of advertisements in connection with occasions like World Habitat Day, Pulse Polio/HIV awareness campaigns and celebrations of various ‘Diwas’ like Independence Day, Republic Day, Gandhi Jayanti, State Formation days.

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The Commission receives various references from the Ministries/Departments seeking clearance for the publication of advertisements on the occasions of World Habitat Day. Pulse Polio Immunization/HIV awareness campaigns during the run-up to General/Byeelections to the Lok Sabha/State Legislative Assemblies when the model code of conduct is in force. Objecting to the publication of advertisement on important social issues is never intended by the Commission. It only wants to ensure that the party in power does not misuse the Government machinery in the garb of spreading a social message which is against the spirit of providing a level playing field and so violate the spirit of free and fair election. Election Commission of India has therefore, taken a clear stand that there will be no objection to the release of such advertisements if they do not contain the photograph or political message of any Minister/political dignitary and do not highlight the achievements of the party which may influence the voters and induce them to vote in their favour.

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Different important historical days like Independence Day, Republic Day, Gandhi Jayanti, ShivajiJayanti and State Formation Days are celebrated with much fanfare which are attended to by Central/State Ministers who, at time, make it a platform for gaining political advantage by highlighting the achievements of the party in power or their political functionaries contesting the elections. The Commission has taken a serious note of this and decided that while the Ministers can participate in such celebrations the theme of their speeches should be confined only to the historical

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background, deeds and achievements of the historical figures and they must take utmost care not to make any political speech converting the forum into a platform for political campaign.

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For similar reasons, there will be a complete ban on celebrations like “xxx years/days in power” during this period as such occasions are virtually utilized to highlight the achievement of the party in power. INSTRUCTION Sl. No. 44

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ECI letter No.437/6/INST/2008-CC&BE Dated: 13th April, 2009 addressed to the Chief Secretaries and Chief Electoral Officers of all States and UTs

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Subject: Applicability of Model Code of Conduct - Display of advertisements and hoardings at the cost of public exchequer

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It has come to the notice of the Commission that a number of hoardings depicting the achievements of the party in power are being displayed by the Union and the States/UT Governments at the cost of public exchequer Your attention is invited to sub-para (iv) of para VII - Party in Power- of the Model Code of Conduct for the Guidance of Political Parties and Candidates which is as under:-

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“The party in power whether at the Centre or in the States/UTs concerned. shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular-(iv) Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided.”

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With the announcement of the schedule of General Elections to LokSabha and to the Legislative Assemblies of various States on 2nd March, 2009, the Model Code of Conduct came into force immediately. The continuing display of such hoardings and advertisements at the cost of public exchequer, even if such Hoardings, advertisements or posters were displayed prior to the date of announcement of elections, constitutes a violation of the Model Code of Conduct as it provides an undue advantage to the party in power and has the effect of influencing the voters in favour of the party in power.

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The Commission directs that all such hoardings, advertisements, etc. on display at the cost of Public exchequer shall be removed forthwith by the authorities concerned and a compliance report

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furnished to the Commission.

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The Commission has also directed that no advertisements should be issued in the newspapers and other media including electronic media at the cost of public exchequer during the election period and the misuse of mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power should be scrupulously avoided. All Ministries/Departments/Offices of the Central Government and the State Governments may be informed of this directive of the Commission for immediate compliance.

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INSTRUCTION Sl.No.45

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ECI letter No. 437/6/INST-2013/CC&BE, dated 25.06.2013 addressed to the Cabinet Secretary, Chief Secretaries and Chief Electoral Officers of all States and UTs.

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Subject: Model Code of Conduct- Publication of advertisements by Central/State Governments during bye-elections to LokSabha/State Legislative Assembly

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-reg.

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As you are aware, the Model Code of Conduct applies in the entire country in the case of a Lok Sabha general election and in the State concerned during a general election to the Legislative Assembly of any State. In the case of bye-elections, the applicability of the Model Code of Conduct is restricted to the area of the Constituencies going to poll except certain provisions such as tours of Ministers, Advertisements, use of Govt. Guest Houses, transfer of officers, etc., which apply in the entire district in which the bye-election constituency falls (Please refer to the Commission’s letter No. 437/6/INST/2012/CC&BE, dated 26/4/2012) (at Sl. No.14).

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2. It is seen that the Governments, both at the Center and in the States, publish advertisements of various kinds, including advertisements on the accomplishments and achievements. Such advertisements are often released on special occasions such as Republic Day, Independence Day, Birthdays of prominent leaders, anniversary of Govt. etc. On occasions, there would be bye-elections in progress when such advertisements are published, and the issue of Model Code of Conduct comes into question then. It is not technically possible to block such advertisements, especially in the print media, in the specific areas covered under Model Code of Conduct during byeelections while publishing it in the other places.

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3. The Commission has considered this issue.

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Taking into account all aspects of the matter, the Commission has directed that the release/publishing of advertisements at the cost of public exchequer during the period of operation of Model Code of Conduct in connection with bye-elections will be regulated as follows:-

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(i) Advertisement of general nature in connection with specific occasions of importance may be published. However, such publishing shall be restricted to the dates coinciding with the special occasion only, and it shall not be published on other days. The advertisement shall not bear photographs of any Minister and other political functionaries.

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(ii) No advertisement having any specific/pointed reference or connotation to the areas covered by the bye-election constituencies shall be released/published on any date during the period.

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4. It may be noted that these instructions apply only in relation to bye-elections. At general elections, the prohibition on advertisements at the cost of public exchequer shall continue to be strictly enforced.

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5. These guidelines may be taken note of and also brought to the notice of all authorities concerned for compliance in future. INSTRUCTION Sl.No.46

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ECI letter No. 437/6/CG/2013/CC&BE, dated 09.10.2013 addressed to the Cabinet Secretary, Chief Secretaries and Chief Electoral Officers of all States and UTs. Copy endorsed to The Secretary to the Govt. of India,Ministry of Information and Broadcasting, ShastriBhawan, New Delhi and The Director General, Directorate of Advertising and Visual Publicity, New Delhi.

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Subject: Model Code of Conduct- Publication of any advertisements of Central Government in the newspapers of poll going States and States having circulation in poll going States -reg.

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I am directed to state that the Commission has observed that certain advertisements highlighting welfare schemes and achievements of the Central Government and State Governments are being published by some non-poll going State Governments, in the editions of newspapers in the States where elections are going on. The Commission considers this to be a violation of the spirits of the Model Code of Conduct.

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The Commission has directed that, in future, all such advertisements, issued by non-poll going State Governments during the Model Code of Conduct period shall be forwarded to the

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Commission for clearance before they are sent for publication in newspapers having edition or having circulation in the poll bound States.

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The receipt of the letter may kindly be acknowledged. INSTRUCTION Sl.No.47

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ECI letter No. 437/6/CG/2013/CC&BE, dated 17.10.2013 addressed to the Cabinet Secretary, Chief Secretaries and Chief Electoral Officers of all States and UTs. Subject: General Election to the State Legislative Assemblies of Madhya Pradesh, Mizoram, Rajasthan, NCT of Delhi and ChhattisgarhPublication of advertisements of Central and State Governments -reg.

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I am directed to invite your attention to Commission’ letter No.437/6/CG/2013-CC&BE dated 9th October, 2013 (at Sl. No.45), wherein the Commission had directed that all the advertisements issued by the State Governments of non-poll going States and proposed to be published in the newspapers of poll going States, during the period when Model Coded of Conduct is in effect, should be got cleared from the Commission before they are sent for publication in the newspapers having editions or having circulation in the poll-bound States. The Commission has noted that despite the issue of the above said instructions, advertisements are being issued by some non-poll going States in newspapers having editions or having circulation in the poll bound states, without obtaining Commission’s clearance. The Commission has expressed its displeasure over such violations of its instructions. The Commission has further advised that, in future, if any such violation of its instructions is brought/come to its notice, the Secretary/ Director of the Information and Public Relations of the concerned Government shall be directly responsible for such lapse. INSTRUCTION Sl.No.48 ECI letter No. 437/6/CG/2013-CC&BE, dated 30.10.2013 addressed to the Secretary to the Government of India, Ministry of Information and Broadcasting, ShastriBhawan, New Delhi. Ref: Ministry letter No. 1/54/2010 MUC dated 24th October, 2013. Subject: Permission of Election Commission on DAVP’s Newspaper Advt. on the occasion of the Death Anniversary of Former Prime Minister Smt. Indira Gandhi and the Birth Anniversary of ShriSardarValabhbhai Patel-reg.

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I am directed to refer to Commission’s letter of even number dated 30th October, 2013 on the subject cited above.

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The Commission has reconsidered the matter and decided that there may be no objection to the publication of photographs and message related to departed political leaders except those leaders who passed away in recent past.

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In view of this the Commission has allowed the publication of photographs and messages in the proposed advertisement enclosed with your letter under reference INSTRUCTION Sl.No.49 ECI letter No. 437/6/1/2014/CC&BE, dated 01.04.2014 addressed to the Chief Electoral Officers of all States and UTs.

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Subject: Continuation of aadhaar related publicity in various States-reg.

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I am directed to state that the Commission has been receiving references from some States asking for clarification from model code angle as to whether the aadhaar related advertisements which have been going on before the model code enforcement may be continued or not. The matter has been considered by the Commission. It has been clarified that only those Aadhaar related publicity can be done which has the objective to give information about Aadhaar Card to the general masses. Any publicity highlighting the achievements of the scheme or Authority or Government will not be allowed to be made. This may be brought to the notice of concerned UIDAI authorities in your State.

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INSTRUCTION SL.NO.50

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ECI letter No. No.437/6/ ECI/INST/FUNCT/MCC-2017, dated 06.01.2017 addressed to the Chief Electoral Officers Goa, Manipur, Punjab, Uttarakhand, & Uttar Pradesh.

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Subject:- General Election to the Legislative Assemblies of Manipur, Punjab, Uttarakhand, Uttar Pradesh and Goa, 2017 – Regarding.

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I am directed to enclose herewith a copy of email received from the Chief ElectoralOfficer, Goa which is self-explanatory.

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2 In this regard, Para 3 of Commission’s instruction No. 437/6/2004-PLN-III dated 24-12-2004 (copy enclosed) may be seen which, inter-alia, states that “those hoardings, advertisements, etc., put up by the Government which purport to give general information or convey general messages to the masses

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on family planning, social welfare schemes etc. may be allowed to be displayed. However, all those hoardings, advertisements, etc. which seek or purport to project the achievements of any living political functionaries or political party and which carry their photos or name or party symbol should be removed forthwithas no political functionary or political party can use public resources and incur or authorize expenditure from public exchequer to eulogise himself or itself or enhance his/its own or any political leader's personal image. Such hoardings, etc. undoubtedly amount to their individual/party election campaign at public cost.

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3 Hence, the photo of a political leader in the aforesaid advertisement should be removed/covered. Also in advertisements/hoardings etc. of similar type/nature should also be removed/covered suitably so that the spirit of the aforesaid instruction is fully complied to.

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ENCLOSURE Instruction Sl.No.39 regarding display of advertisements and hoardings at the cost of public exchequer.

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14. On the aspect of cost variation in advertisements in newspapers between black and white and colour advertisements, this Court in W.P.No.23231 of 2018, dated 24.09.2018, ordered as hereunder:-

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15. Let us consider, how a rate card is quoted by a newspaper for the purpose of advertisement, for instance, "Dinakaran", which is as follows:

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DINAKARAN	ADVERTISEMENT RATES EFFECTIVE 01.04.2018
EDITION	DISPLAY RATE FOR B&W ADVERTISEMENTS PER SQUARE CENTIMETRE (IN RUPEES) WEEK DAYS SUNDAYS
CHENNAI	842 853
COIMBATORE	226 228
MADURAI	228 230
TRICHY	226 228
SALEM	161 163
VELLORE TIRUNELVELI	113 116 109 111
NAGERCOIL	88 90
PONDICHERRY	148 151
BANGALORE	94 96
MUMBAI	153 155
DELHI	108 110
TAMILNADU & PONDY	2100 2105
ALL EDITIONS	2286 2291

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COLOUR : 100% EXTRA FRONT PAGE : 100% EXTRA THIRD PAGE : 25% EXTRA BACK PAGE : 50% EXTRA Height of column : 51 cms Minimum Size acceptable 4 cms(width) x 3 cms(height) Minimum width : 4 cms. Minimum height : 3 cms Maximum width : 33 cms. Maximum height : 51 cms. Full page advertisement 33 cms(width) x 51 cms (height) (If ad height is more than 46 cms. the ad will be billed for the page height) (If ad width is greater than 29 cms. the ad will be billed at the page width)."

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Reading of the above shows that the rate for advertisement of the material (Black and White per Sq.Cm.) is given. For colour advertisement, it is double. Rate card depicts the details of circulation of the newspaper, within and outside State of Tamilnadu. Rate of advertisement is quoted by various newspapers and Government have issued periodical orders. Orders issued by the Government, from time to time, are extracted hereunder:

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tpsk;guk; ? muR tpsk;gu';fs; btspapLtjw;F m';fPfhpf;fg;gl; ;l ehspjH;fSf;F tpsk;guf; fl;lzk; cah;j;jp eph;zak; bra;jy; ? Miz btspaplg;gLfpwJ/ ???????????????????????????????????????????????????????????????? bra;jp kw;Wk; Rw;Wyh (tpsk;guk;)j;Jiw murhiz (o) vz ;/108 ehs;/02/06/2006

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1/ murhiz(o)vz;/92. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1?8?1996/

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2/ murhiz(o)vz;/107. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/10?9?1996/ 3/ murhiz(o)vz;/98. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/26?8?1996/ 4/ murhiz(o)vz;/109. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/11?9?1996/ 5/ murhiz(o)vz;/117. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/22?10?1996/ 6/ murhiz(o)vz;/121. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/5?11?1996/ 7/ murhiz(o)vz;/124. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/6?11?1996/ 8/ murhiz(o)vz;/132. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/22?11?1996/ 9/ murhiz(o)vz;/134. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27?11?1996/ 10/ murhiz(o)vz;/28. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/19?3?1997/ 11/ murhiz(o)vz;/34. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/4?4?1997/ 12/ murhiz(o)vz;/47. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/7?5?1997/ 13/ murhiz(o)vz;/83. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/11?7?1997/ 14/ murhiz(o)vz;/84. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/11?7?1997/ 15/ murhiz(o)vz;/90. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/23?7?1997/ 16/ murhiz(o)vz;/103. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/8?8?1997/

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17/ murhiz(o)vz;/106. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/26?8?1997/ 18/ murhiz(o)vz;/107. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1?9?1997/

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19/ murhiz(o)vz;/108. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1?9?1997/

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20/ murhiz(o)vz;/119. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/19?9?1997/ 21/ murhiz(o)vz;/122. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24?9?1997/ 22/ murhiz(o)vz;/129. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/16?10?1997/ 23/ murhiz(o)vz;/131. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/20?10?1997/ 24/ murhiz(o)vz;/139. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14?11?1997/ 25/ murhiz(o)vz;/27. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/10?03?1998/ 26/ murhiz(epiy)vz;/48. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/20?3?1998/ 27/ murhiz(epiy)vz;/45. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/26?3?1998/ 28/ murhiz(o)vz;/51. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/23?4?1998/

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29/ murhiz(o)vz;/72. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/2?6?1998/ 30/ murhiz(epiy)vz;/98. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/2?6?1998/ 31/ murhiz(o)vz;/87. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/13?7?1998/

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32/ murhiz(o)vz;/112. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27?8?1998/ 33/ murhiz(o)vz;/155. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/4?11?1998/ 34/ murhiz(o)vz;/53. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/12?4?1999/ 35/ murhiz(o)vz;/54. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/12?4?1999/ 36/ murhiz(o)vz;/90. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/25?6?1999/ 37/ murhiz(o)vz;/19. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/15?2?2000/ 38/ murhiz(o)vz;/29. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/6?3?2000/ 39/ murhiz(o)vz;/45. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/23?3?2000/ 40/ murhiz(o)vz;/72. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/28?4?2000/ 41/ murhiz(o)vz;/75. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/2?5?2000/ 42/ murhiz(o)vz;/90. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24?5?2000/ 43/ murhiz(o)vz;/91. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24?5?2000/ 44/ murhiz(o)vz;/125. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/6?7?2000/ 45/ murhiz(o)vz;/126. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/6?7?2000/ 46/ murhiz(o)vz;/142. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/20?7?2000/ 47/ murhiz(o)vz;/160. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3?8?2000/ 48/ murhiz(o)vz;/162. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/4?8?2000/

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49/ murhiz(o)vz;/163. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/8?8?2000/

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50/ murhiz(o)vz;/201. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/9?10?2000/

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51/ murhiz(o)vz;/205. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/18?10?2000/

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52/ murhiz(o)vz;/221. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/9?11?2000/ 53/ murhiz(o)vz;/247.248.249. bra;jp kw;Wk; Rw;Wyhj;Jiw.

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ehs;/14?12?2000/

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54/ murhiz(o)vz;/03.04. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/18?1?2001/ 55/ muR Miz (o)vz;/33. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/3/2001/

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56/ muR Miz (o)vz;/109. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/22/6/2001/ 57/ muR Miz (o)vz;/139. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/30/7/2001/ 58/ muR Miz (o)vz;/170. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/10/2001/ 59/ muR Miz (o)vz;/171. 172. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/10/2001/

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60/ muR Miz (o)vz;/177.178 bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/17/10/2002/

¶339

61/ muR Miz (o)vz;/2. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/1/2003/ 62/ muR Miz (o)vz;/14. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/1/2003/ 63/ muR Miz (o)vz;/38. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24/2/2003/ 64/ muR Miz (o)vz;/44. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/10/3/2003/ 65/ muR Miz (o)vz;/62. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/3/2003/ 66/ muR Miz (o)vz;/120. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/29/5/2003/

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67/ muR Miz (o)vz;/202. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/10/2003/

¶341

68/ muR Miz (o)vz;/62. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/1/2003/ 69/ muR Miz (o)vz;/100. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/6/2005/ 70/ muR Miz (epiy)vz;/132. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1/7/2005/

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71/ muR Miz (epiy)vz;/12. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/9/1/2006/

¶343

Miz:

¶344

muR m';fPfhug; gl;oaypy; cs;s bgUk;ghd;ikahd ehspjH;fSf;F Rkhh; 5 Mz;LfSf;F Kd;g[ ghh;it 55?y; gof;fg;gl;l murhizapd;go. muR tpsk;guf; fl;lzk; eph;zak; bra;J Mizaplg;gl;lJ/ gj;jphpf;iffs; jahhpg;g[ bryt [ mjpfhpg;g[. fhfpjk;. gj;jphpf;if btspapLtjw;fhd K:yg; bghUl;fspd; tpiynaw;wk;. gj;jphpf;ifahsh; kw;Wk; gzpahsh;fspd; Cjpa cah;t[ cs;spl;l fhuz';fspd; mog;gilapy; muR tpsk;guf; fl;lz tpfpj';fis cah;j;jp eph;zak; bra;a ntz;o. gy;ntW ehspjH;fspd; eph;thfpfs; mt;tg;nghJ muRf;F ntz;Lnfhs; tpLj;Js;sdh;/

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1996?Mk; Mz;L. ehspjH;fSf;F tpsk;guf; fl;lzk; cah;j;jp tH';f Kot[ vLj;j bghGJ. 21/6/1996 md;W gjpg;gfj;jhh; kw;Wk; ehspjH;fspd; gpujpepjpfSld; khz;g[kpF. bra;jp tpsk;guj; Jiw mikr;rh; mth;fs; tpthjpj;J. m';fPfhpf;fg;gl;l gl;oaypy; ,lk; bgw;Ws;s midj;J ehspjH;fSf;Fk; xnu rPuhf mitfspd; th;j;jff; fl;lzj;jpy; 75% muR tpsk;gu';fSf;fhd tpsk;guf; fl;lzkhf muR Miz (o) vz;/92. bra;jp kw;Wk; Rw;Wyh (tpsk;guk;)j;Jiw. ehs;/1/8/1996?y; eph;zak; bra;ag;gl;lJ/

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2/8/1996 Kjy; 14/3/2001 tiu 54 muR Mizfspy;. rpy ehspjH;fs; kw;Wk; gUt ,jH;fSf;F mtw;wpd; th;j;jf tpsk;guf; fl;lzj;jpy; 75% muR tpsk;guf; fl;lzkhf eph;zak; bra;J Mizfs; brspaplg;gl;ld/ rpy epfH;g[fspy;. rpy gjpg;gfj;jhhpd; tpUg;gj;jpw;fpz';f. 70% tpsk;guf; fl;lzk; cah;j;jp tH';fg;gl;lJ/

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14/3/2001 ehspl;l bra;jp kw;Wk; Rw;Wyhj; Jiwapd; muR Miz vz;/33?y; m';fPfhpf;fg;gl;l gl;oaypy; mg;bghGJ ,lk; bgw;wpUe;j midj;J ehspjH;fSf;Fk;. muR tpsk;guf; fl;lzj;jpy; rPuhf 20% (Irrespective of their commercial rate, a Uniform increase of 20% of the existing Government rate prevailing at that

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time) cah;j;jp muR fl;lzkhf eph;zak; bra;ag;gl;lJ/

¶350

13/5/2001?ypUe;J 2006 nk khjk; tiu ehspjH;fspd; tpsk;guf; fl;lzj;ij jpUj;jp mikj;j tpguk; gpd;tUkhW:-

¶351

(i) vk;g;sha;bkd;l;l; rh;tP!; vd;Dk; thu ,jHpid muR m';fPfhpf;fg;gl;l gl;oaypy; 22/6/2001 Kjy; mjd; th;j;jf tpsk;guf; fl;lzj;jpy; 75% Md U:/18.750-?(cs;gf;fk;) U:/26.250-?(btspgf;fk;) vd muR tpsk;gu';fSf;fhd fl;lzkhf eph;zak; bra;ag;gl;lJ/

¶352

(muR Miz vz;/109. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/22/6/2001)

¶353

(ii) midj;J ehspjH;fSf;Fk;. tpsk;guf; fl;lz';fs; cah;j;jp

¶354

tH';fg;gl;l nghJ 'lhf;lh; ekJ vk;/$p/Mh;/ ' ehspjHpd; tpsk;guf; fl;lzk; 1996 kw;Wk; 2001?y; jpUj;jp mikf;fg;glhjjhy;. 7/3/92?y; mjd; muR tpsk;guf; fl;lzk; U:35-? Mf ,Ue;jij mt;ehspjHpd; th;j;jf tpsk;guf; fl;lzj;jpy; 75% Md

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U:/90-?I 30/7/2001?y; muR tpsk;gu';fSf;fhd fl;lzkhf eph;zak; bra;ag;gl;lJ/

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(muR Miz vz;/139. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/30/7/2001)

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(iii) 1996?k; Mz;L midj;J ehspjH;fSf;Fk; tpsk;guf; fl;lzk; cah;j;jp

¶358

tH';fg;gl;lnghJ. 'kf;fs; Fuy; ' ehspjGf;F tpsk;guf; fl;lzk; cah;j;jp tH';fhjjhy;. mjd; tpsk;guf; fl;lzk; 3/10/2001 md;W g[jpa gjpg;g[fSf;F fl;lzk; eph;zak; bra;J jpUj;jp mikf;fg;gl;lJ/

¶359

(muR Miz vz;/170. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/10/2001)

¶360

(iv) 'jpdg{kp' kw;Wk; 'mjph; c&; lk'; Mfpa ehspjH;fs; Kiwna ghz;or;nrhp. nryk;. jpUbey;ntyp kw;Wk; nfhit gjpg;g[fs; g[jpajhf bjhl';fg;gl;ljhy;. mjd; th;j;jff;; fl;lzj;jpy; 40% ?I muR tpsk;guf; fl;lzkhf 3/10/2001 kw;Wk; 17/10/2002 Mfpa jpd';fspy; jpUj;jp mikf;fg;gl;ld/

¶361

(muR Miz vz;/171. 172. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/10/2001)

¶362

(muR Miz vz;/177. 178 bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/17/10/2002)

¶363

(v) 'jpdj;je;jp ' ehspjHpd; midj;J gpujpfspd; vz;zpf;ifpaid fUj;jpw; bfhz;Lk;. me;ehspjHpd; nfhhpf;ifapd; mog;gilapy; 14/3/2001?y; muR eph;zapj;j tpsk;guf; fl;lzj;jpypUe;J 60% cah;j;jp 3/1/2003 Kjy; eph;zapf;fg;gl;lJ/

¶364

(muR Miz vz;/2. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/3/1/2003)

¶365

(vi) 'khj;Ug{kp' kiyahs ehspjHpd; brd;id gjpg;gpw;F. me;ehspjH; nfl;Lf;

¶366

bfhz;lgo. mjd; th;j;jf tpsk;guf; fl;lzj;jpy; 70% muR tpsk;guf; fl;lzkhf eph;zapf;fg;gl;lJ/

¶367

(muR Miz vz;/38. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/24/2/2003) (vii) 'ildpf; $hf;ud; ' kw;Wk; "ildpf; gh!;fh; " vd;Dk; ,e;jp

¶368

ehspjH;fSf;F mjd; th;j;jf tpsk;guf; fl;lzj;jpy; Kiwna 75% kwWk; 70% vd muR tpsk;guf; fl;lzkhf eph;zapf;fg;gl;lJ/

¶369

(muR Miz vz;/44. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/10/3/2003) (muR Miz vz;/62. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/3/2003)

¶370

(viii) ilk;!; Mg; ,e;jpah. vf;fdhkpf; ilk;!; kw;Wk; etghuj; ilk;!; Mfpa M';fpy ehspjH;fSf;F eilKiwapy; gpd;gw;wp te;j gj;jp brd;o kPl;lh;

¶371

https://hcservices.ecourts.gov.in/hcservices/

¶372

vd;w myfpid rJu brd;o kPl;lh; vd khw;wpa[k; 29/5/2003 kw;Wk; 14/10/2003 Kjy; mjd; th;j;jff; fl;lzj;jpy; 60 tpGf;fhL eph;zak; bra;J fl;lzk; jpU;j;jp mikf;fg;gl;lJ/

¶373

(muR Miz vz;/120. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/29/5/2003)

¶374

(muR Miz vz;/202. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/10/2003)

¶375

(ix) igdhd;rpay; ilk;!; vd;Dk; M';fpy ehspjHpid muR m';fPfhpf;fg;gl;l gl;oaypy; 27/1/2003 Kjy; nrh;j;J. xU gj;jp brd;o kPl;lUf;F U:gha; 7260-? fl;lzk; vd eph;zak; bra;ag;gl;lJ/

¶376

(muR Miz vz;/14. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/27/1/2003)

¶377

(x) jpdg{kp ehspjH;fspd; ntYhh; kw;Wk; Kk;ig Mfpa ,l';fspy; btsptUk; g[jpa gjpg;g[fSf;F mjd; th;j;jff; fl;lzj;jpy; 47 tpGf;fhl;oy;. muR tpsk;guf; fl;lzkhft[k;. Vw;fdnt ,Ue;j gjpg;g[fSf;F muR tpsk;guf; fl;lzj;jpy; 30 tpGf;fhL cah;j;jp 14/6/2005 Kjy; muR tpsk;gu';fSf;fhd fl;lzk; eph;zak; bra;ag;gl;lJ/

¶378

(muR Miz vz;/100. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/14/6/2005)

¶379

(xi) ,e;jpad; vf;!;gpu!; FGkj;jpy; cs;s. jpdkzp jkpH; ehspjH; epa

¶380

{ ,e;jpad; vf;!;gpu!; M';fpy ehspjGf;Fk; muR tpsk;guf; fl;lzj;jpy; 30 tpGf;fhL cah;j;jp (th;j;jff; fl;lzj;jpy; 60 tpGf;fhl;ow;F kpfhky;) 1/7/2005 Kjy; muR tpsk;guf; fl;lzkhf eph;zak; bra;ag;gl;lJ/ igdhd;rpay; vf;!;gpu!; vd;Dk; M';fpy ehspjGf;F midj;J gjpg;gpw;F kw;Wk; nkw;Fg; gjpg;gpw;F muR fl;lzj;jpy; muR fl;lzj;jpy; 20 tpGf;fhL cah;j;jp (th;j;jff; fl;lzj;jpy; 60 tpGf;fhl;ow;F kpfhky;) 1/7/2005 Kjy; muR tpsk;guf; fl;lzkhf eph;zak; bra;ag;gl;lJ/)

¶381

(muR Miz vz;/132. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/1/7/2005)

¶382

(xii) jpdj;je;jp kw;Wk; khiykyh; Mfpa ehspjH;fSf;F muR tpsk;guf; fl;lzj;ij ,ul;og;ghf;fp. (th;j;jff; fl;lzj;jpw;F kpfhky;) 09/01/2006 Kjy; muR tpsk;guf; fl;lzkhf eph;zak; bra;ag;gl;lJ/

¶383

(muR Miz vz;/12. bra;jp kw;Wk; Rw;Wyhj;Jiw. ehs;/9/1/2006)

¶384

murpd; ftdkhd ghprPyidf;Fg; gpd;dh; 14/3/2001 Kjy; 9/1/2006 tiu tpsk;guf; fl;lzk; cah;j;jg;gl;l ehspjH;fs; jtpu. (,izg;g[ II-y; cs;s , d';fs;) m';fPfhug; gl;oaypy; cs;s ,ju ehspjH;fSf;F (,izg;g I-y; cs;s , d';fs;) 1/4/2006 md;W ehspjH;fspd; th;j;jff; fl;lzj;ij mog;gilahff; bfhz;L. th;j;jff; fl;lzj;jpy; 75% muR tpsk;guf; fl;lzkhf tH';fyhk; vd KobtLf;fg;gl;lJ/ mjdog;gilapy;. 2001 Kjy; 2006 tiu tpsk;guf; fl;lzk; cah;j;jg;gl;l ehspjH;fs; (,izg;g? II) jtpu muR m';fPfhug; gl;oaypYs;s ,ju ehspjH;fSf;F ,e;j Mizapd; ,izg;g[ 1?y;. fhyk;?5?y; Fwpg;gpl;Ls;sgo. tpsk;guf; fl;lz tpfpjj;ij muR cah;j;jp kWeph;zak; bra;J Miz btspaplg;gLfpwJ/

¶385

nkny gj;jp 6?y; cah;j;jp eph;zak; bra;ag;gl;l tpsk;guf; fl;lzk; cldoahf eilKiwf;F tUfpwJ/

¶386

midj;J muRj;Jiw jiyth;fSk;. muRj;Jiw epWtd';fspd; eph;thf ,

¶387

https://hcservices.ecourts.gov.in/hcservices/

¶388

af;Feh;fSk;. j';fs; eph;thfj;jpd; fPH;tUk;. tpsk;gu';fs; btspapl mjpfhuk; bgw;Ws;s midj;J rhh;epiy mYtyh;fSf;Fk; jw;bghGJ cah;j;jp eph;zak; bra;ag;gl;Ls;s muR tpsk;guf; fl;lz tpfpj';fis mDg;gp itj;J. tpsk;gu';fs; btspapLk; bghGJ mf;fl;lz tpfpj';fis mt;tYtyh;fs; jtwhJ gpd;gw;WkhW jFe;j mwpt[iufs; tH';FkhW nfl;Lf;bfhs;sg;gLfpwhh;fs;/

¶389

,t;turhiz epjpj;Jiwapd; m/rh/F/vz;/ SS/P/2006, ehs;/02/06/2006?d; xg;g[jYld; btspaplg;gLfpwJ/

¶390

(MSehpd; Mizg;go)

¶391

bt/,iwad;g[ muR brayhsh;/

¶392

,izg ;g [?1
I-A (xU gj ;jp xU br/kP/)
T/ ehspjH;fspd; tpsk;guf; 1/4/2006?y; 1/4/2006?y;
vz;/ bgah; fl;lz ehspjHpd; ehspjHpd;
tpfpjk; (xU th;j;jf th;j;jf
gj;jp x xU tpsk;guf; tpsk;guf;
br/kP/) fl;lzk; fl;lzj;jpy;
75 tpGf;fhL
tH';fpdhy;
tpsk;guf;
fl;lzk;/
(1) (2) (3) (4) (5)
jkpH; ehspjH;fs; (U:ghapy;)
1 Jpdfud;
(8 x 53)
brd;id 134-? 1060-? 795-?
kJiu 59-? 240-? 180-?
jpUr;rp 59-? 240-? 180-?
nryk; 42-? 150-? 113-?
nfhak;gj;Jhh; 64-? 300-? 225-?
ntYhh; 41-? 110-? 83-?
jpUbey;ntyp 54-? 150-? 113-?
ehfh;nfhtpy; 80-? 60-?
ghz;or;nrhp 20-? 200-? 150-?
bg';fS:h; 100-? 75-?
midj;Jg; 460-? 2630-? 1973-?
gjpg;g[fs;

¶393

https://hcservices.ecourts.gov.in/hcservices/

¶394

T/ ehspjH;fspd; tpsk;guf; 1/4/2006?y; 1/4/2006?y;
vz;/ bgah; fl;lz ehspjHpd; ehspjHpd;
tpfpjk; (xU th;j;jf th;j;jf
gj;jp x xU tpsk;guf; tpsk;guf;
br/kP/) fl;lzk; fl;lzj;jpy;
75 tpGf;fhL
tH';fpdhy;
tpsk;guf;
fl;lzk;/
2 jpdkyh; (8 x 53)
brd;id 90-? 310-? 233-?
jpUbey;ntyp 40-? 165-? 124-?
j";rht{h; + 67-? 275-? 206-?
jpUr;rp
jpz;Lf;fy; 67-? 330-? 248-?
+ kJiu
<nuhL 40-? 130-? 98-?
nryk; 24-? 130-? 98-?
ghz;onrhp 50-? 135-? 101-?
nfhak;g 59-? 220-? 165-?
[j;Jhh;
ntYhh; 42-? 120-? 90-?
ehfh;nfhtpy; 23-? 165-? 124-?
midj;Jg; 473-? 1925-? 1444-?
gjpg;g[fs;
3 khiyKuR
brd;id 56-? 180-? 135-?
?
ntYhh 32-?
nryk; 35-? ?
jpUr;rp 31-? 75-? 56-?
kJiu 31-? 90-? 68-?
jpUbey;ntyp 18-? 50-? 38-?
?
nfhak;gj;Jhh; 59-?
midj;Jg; 226-? 350-? 263-?
gjpg;g[fs;

¶395

https://hcservices.ecourts.gov.in/hcservices/

¶396

T/ ehspjH;fspd; tpsk;guf; 1/4/2006?y; 1/4/2006?y;
vz;/ bgah; fl;lz ehspjHpd; ehspjHpd;
tpfpjk; (xU th;j;jf th;j;jf
gj;jp x xU tpsk;guf; tpsk;guf;
br/kP/) fl;lzk; fl;lzj;jpy;
75 tpGf;fhL
tH';fpdhy;
tpsk;guf;
fl;lzk;/
t/vz;/ ehspjH;fspd; tpsk;guf; 1/4/2006?y; 1/4/2006?y;
bgah; fl;lz ehspjHpd; ehspjHpd;
tpfpjk; (xU th;j;jf th;j;jf
gj;jp x xU tpsk;guf; tpsk;guf;
br/kP/) fl;lzk; fl;lzj;jpy;
75 tpGf;fhL
tH';fpdhy;
tpsk;guf;
fl;lzk;/
jkpH; ehspjH;fs; (U:ghapy;)
(bjhlh;r;rp)
4 Kubrhyp 90-? 120-? 90-?
5 kJiukzp (8
x 52)
brd;id 31-? ? ?
kJiu 54-? 85-? 64-?
?
midj;J 72-? 8-?
gjpg;g[fs;
6 Fkhp KuR
brd;id 72-? 120-? 90-?
ehfh;nfhtpy; 72-? 120-? 90-?
midj;J 136-? 200-? 150-?
gjpg;g[fs;
7 jPf;fjph;
brd;id 41-? 330-? 248-?
kJiu 41-? 270-? 203-?
midj;J 64-? 510-? 383-?
gjpg;g[fs;

¶397

https://hcservices.ecourts.gov.in/hcservices/

¶398

T/ ehspjH;fspd; tpsk;guf; 1/4/2006?y; 1/4/2006?y;
vz;/ bgah; fl;lz ehspjHpd; ehspjHpd;
tpfpjk; (xU th;j;jf th;j;jf
gj;jp x xU tpsk;guf; tpsk;guf;
br/kP/) fl;lzk; fl;lzj;jpy;
75 tpGf;fhL
tH';fpdhy;
tpsk;guf;
fl;lzk;/
8 kf;fs; bra;jp
brd;id 67-? N.A. 67-?
ghz;or;nrhp 67-? 67-?
midj;J 82-? 82-?
(brd;id
jtpu)
midj;J 136-? 136-?
(ghz;o jtpu)
9 jkpH ;KuR
brd;id 400-? 300-?
kJiu 150-? 113-?
jpUr;rp 36-? 150-? 113-?
nryk; 100-? 75-?
nfhak;g 200-? 150-?
[j;Jhh;
ntYhh; 60-? 45-?
jpUbey;ntyp 23-? 75-? 56-?
ehfh;nfhtpy; 50-? 38-?
ghz;or;nrhp 100-? 75-?
midj;Jg; 1285-? 964-?
gjpg;g[fs;
10 tpLjiy 67-? N.A. 67-?
11 gpw;gfy; 46-? 70-? 53-?
12 kzpr;Rlh; 60-? N.A. 60-?
13 khiyr;Rlh; 82-? 135-? 101-?
(8 x 52)

¶399

https://hcservices.ecourts.gov.in/hcservices/

¶400

T/ ehspjH;fspd; tpsk;guf; 1/4/2006?y; 1/4/2006?y;
vz;/ bgah; fl;lz ehspjHpd; ehspjHpd;
tpfpjk; (xU th;j;jf th;j;jf
gj;jp x xU tpsk;guf; tpsk;guf;
br/kP/) fl;lzk; fl;lzj;jpy;
75 tpGf;fhL
tH';fpdhy;
tpsk;guf;
fl;lzk;/
jkpH; ehspjH;fs; (U:ghapy;)
(bjhlh;r;rp)
14 ek; jpdkjp 28-? N.A. 28-?
15 fhiyf;fjph;
nryk; 120-? 90-?
jpUr;rp 90-? 68-?
bg';fS:h; 50-? 38-?
midj;Jg; gjpg;g[ 64-? 220-? 165-?
16 jpdj;JhJ 90-? N.A. 90-?
17 jpdr;Rlh; 36-? N.A. 36-?
M';fpy
ehspjH;fs;
1 nec&dy; vuhy;L
bly;yp 144-? N.A. 144-?
yf;ndh 144-? 144-?
midj;J 252-? 252-?
gjpg;g[
2 me;jkhd; vuhy;l;
fhy; gf;fk; 1800-? N.A. 1800-?
miug; gf;fk; 3420-? 3420-?
KGg; gf;fk; 6750-? 6750-?
(xU gj;jp x 36-? 36-?)
xU br/kP/
3 Mg;lh; Ehd; 67-? 120-? 90-?

¶401

https://hcservices.ecourts.gov.in/hcservices/

¶402

T/ ehspjH;fspd; tpsk;guf; 1/4/2006?y; 1/4/2006?y;
vz;/ bgah; fl;lz ehspjHpd; ehspjHpd;
tpfpjk; (xU th;j;jf th;j;jf
gj;jp x xU tpsk;guf; tpsk;guf;
br/kP/) fl;lzk; fl;lzj;jpy;
75 tpGf;fhL
tH';fpdhy;
tpsk;guf;
fl;lzk;/
4 jpcwpltl 180-? N.A. 180-?
5 ,e;J!;jhd;
ilk;!;
bly;yp 1054-? N.A. 1054-?
ghl;dh 262-? 262-?
midj;J gjpg;g[ 1117-? 1117-?
cUJ ehspjH;fs;
1 jkpH;ehL 36-? 60-? 45-?
ilk;!;
2 Kry;khd; 36-? 60-? 45-?
kiyahs
ehspjH
1 nfus fKjp 226-? 850-? 638-?
(midj;J gjpg;g[)
F$uhj;jp ehspjH;
1 re;nj c&; 954-? 1950-? 1463-?
,izg ;g [? I
I-B (xU rJu br/kP/)
M';fpy (xU rJu brd;o kPl;lh; ? U:ghapy;)
ehspjH;fs;
1 jp ,e;J
bjd;dfg; 990-? 1025-? 769-?
gjpg;g[
midj;Jg; 1057-? 1050-? 788-?
gjpg;g[
2 gprpd!; !;lhz;lh;l;

¶403

https://hcservices.ecourts.gov.in/hcservices/

¶404

T/	ehspjH;fspd;	tpsk;guf;	1/4/2006?y; 1/4/2006?y;
vz;/	bgah;	fl;lz tpfpjk; (xU gj;jpxxU br/kP/)	ehspjHpd; th;j;jf tpsk;guf; fl;lzk; ehspjHpd; th;j;jf tpsk;guf; fl;lzj;jpy; 75 tpGf;fhL tH';fpdhy; tpsk;guf; fl;lzk;/
	Kk;ig	226-?	100-? 75-?
	bly;yp	226-?	101-? 76-?
	fy;fj;jh	175-?	64-? 48-?
	brd;id	70-?	36-? 27-?
	bg';fS:h;	75-?	45-? 34-?
	icwjuhghj;	25-?	36-? 27-?
	bjd;dfg; gjpg;g[		87-? 65-?
	mfkjhghj;		28-? 21-?
	midj;J gjpg;g[	599-?	300-? 225-?
3	!;nll;!; nkd;
	fy;fj;jh	563-?	170-? 128-?
	bly;yp	136-?	60-? 45-?
	midj;J gjpg;g[	571-?	320-? 240-?
4	blypfpuhg;	676-?	850-? 638-?
5	gphpgpu!; b$h;dy;
	Kk;ig ,e;Jhh;	149-? 103-?	75-? 56-? 39-? 29-?
	midj;J gjpg;g[	181-?	93-? 70-?
6	epa{!; Lnl	85-?	75-? 56-?
7	ohpdpo kph;uh;
	brd;id	65-?	44-? 33-?

¶405

https://hcservices.ecourts.gov.in/hcservices/

¶406

T/ ehspjH;fspd; tpsk;guf; 1/4/2006?y; 1/4/2006?y;
vz;/ bgah; fl;lz ehspjHpd; ehspjHpd;
tpfpjk; (xU th;j;jf th;j;jf
gj;jp x xU tpsk;guf; tpsk;guf;
br/kP/) fl;lzk; fl;lzj;jpy;
75 tpGf;fhL
tH';fpdhy;
tpsk;guf;
fl;lzk;/
nfhak;g 49-? 22-? 17-?
[j;Jhh;
kJiu 49-? 22-? 17-?
midj;J 130-? 72-? 54-?
gjpg;g[
,e;jp ehspjH (xU rJu brd;o kPl;lh; ? U:ghapy;)
1 uh$!;jhd;
gj;hpfh
brd;id ? 85-? 64-?
midj;Jg; 900-? 1410-? 1058-?
gjpg;g[
bjY';F ehspjH
1 thh;jh
icwjuhghj; 162-? 132-? 99-?
tp$athlh 100-? 70-? 53-?
tprhfg;gl;odk; 90-? 62-? 47-?
X';nfhy; 49-? 52-? 39-?
eprhkhghj; 54-? 48-? 36-?
thuh';fhy; 90-? 54-? 41-?
uh$ Ke;jphp 90-? 62-? 47-?
flg;gh 90-? 50-? 38-?
jpUg;gjp 77-? 54-? 41-?
midj;J 521-? 495-? 371-?
gjpg;g[

¶407

https://hcservices.ecourts.gov.in/hcservices/

¶408

,izg ;g [? I I-B (xU rJu br/kP/)

¶409

M';fpy ehspjH;fs;	(xU rJu brd;o kPl;lh; ? U:gha;	; ;; :py;)
1 jp ,e;J
bjd;dfg; gjpg;g[	990-? 1025-?	769-?
midj;Jg; gjpg;g[	1057-? 1050-?	768-?
2 gprpd!; !; lhz;lh;l;
Kk;ig	226-? 100-?	75-?
bly;yp	226-? 101-?	76-?
fy;fj;jh	175-? 64-?	48-?
brd;id	70-? 36-?	27-?
icwjuhghj;	25-? 36-?	27-?
bjd;dfg; gjpg;g[	87-?	65-?
mfkjhghj;	28-?	21-?
midj;J gjpg;g[	599-? 300-?	225-?
3 !;nll;!; nkd;
fy;fj;jh	563-? 170-?	128-?
bly;yp	136-? 60-?	45-?
midj;J gjpg;g[	571-? 320-?	240-?
4 blypfpuhg;	676-? 850-?	638-?
5 gphpgpu!; b$h;dy;
Kk;ig	149-? 75-?	56-?
,e;Jhh;	103-? 39-?	29-?
midj;J gjpg;g[	181-? 93-?	70-?
6 epa{!; Lnl	85-? 75-?	56-?
7 ohpdpo kph;uh;
brd;id	65-? 44-?	33-?
nfhak;g[j;Jhh;	49-? 22-?	17-?

¶410

https://hcservices.ecourts.gov.in/hcservices/

¶411

	kJiu 49-? 22-? 17-?
	midj;J gjpg;g[ 130-? 72-? 54-?
	,e;jp ehspjH (xU rJu brd;o kPl;lh;?U:ghapy;)
1	uh$!;jhd; gj;hpfh
	brd;id ? 85-? 64-?
	midj;Jg; gjpg;g[ 900-? 1410-? 1058-?
	bjY';F ehspjH
1	thh;jh
	icwjuhghj; 162-? 132-? 99-?
	tp$athlh 100-? 70-? 53-?
	tprhfg;gl;odk; 90-? 62-? 47-?
	X';nfhy; 49-? 52-? 39-?
	eprhkhghj; 54-? 48-? 36-?
	thuh';fhy; 90-? 54-? 41-?
	uh$ Ke;jphp 90-? 62-? 47-?
	flg;gh 90-? 50-? 38-?
	jpUg;gjp 77-? 54-? 41-?
	midj;J gjpg;g[ 521-? 495-? 371-?
	,izg;g[? II (14.3.2001 Kjy;9/1/2006 tiuahd fhyj;jpy tpsk;guf;fl;lzk;eph;zak;bra;ag;gl;l ehspjH;fs;tptuk
	I-A (xU gj;jp xU br/kP/)
t/vz;/	ehspjH;fspd; bgah; ehspjHpd; th;j;jf tpsk;guf; fl;lzk; jw;nghija muR tpsk;guf; fl;lz tpfpjk; (xU gj;jp xU br/kP/) muR tpsk;gu';fSf;fh f eph;zak; bra;ag;gl;l murhiz vz;/ kw;Wk;; ehs;/
(1)	(2) (3) (4) (5)

¶412

https://hcservices.ecourts.gov.in/hcservices/

¶413

1 vk;g;sha;bkd;l; rh;tP!; m/M/(o)/vz;/19.
(thu ,jH;) ehs;/22/6/2001
cs;gf;fk; 25000-? 18.750-?
cs; ,Ugf;fk; 40000-? 30.000-?
cs; ml;il 30000-? 22.500-?
gf;fk;
btsp ml;ilg; 35000-? 26.250-?
gf;fk;
2 lhf;lh; ekJ 120-? 90-? m/M/(o) vz;/139.
vk;/$p/Mh; ehs;/30/7/2001
3 kf;fs; Fuy; m/M/(o) vz;/170.
ehs;/3/10/2001
brd;id 198-? 73-?
kJiu 99-? 47-?
nfhit 99-? 32-?
midj;Jg; gjpg;g[ 120-?
4 jpdg{kp m/M/(o) vz;/100.
ehs;/14/6/2005
brd;id 240-? 114-?
jpUr;rp 90-? 42-?
jpUbey;ntyp 90-? 59-?
kJiu 90-? 42-?
nryk; 80-? 49-?
nfhit 90-? 42-?
ntYhh; 75-? 35-?
ghz;o 70-? 31-?
Kk;ig 250-? 118-?
jkpH;ehL & 760-? 357-?
ghz;o
jkpH;ehL. ghz;o kw;Wk; 1000-? 470-?
Kk;ig (midj;Jg; gjpg;g[)
5 jpdj;je;jp m/M/(o) vz;/12.
ehs;/9/1/2006

¶414

https://hcservices.ecourts.gov.in/hcservices/

¶415

brd;id	920-? 620-?
kJiu	140-? 122-?
jpz;Lf;fy;	70-? 61-?
jpUr;rp	108-? 94-?
j";rht{h;	102-? 89-?
nfhak;g[j;Jhh;	185-? 161-?
<nuhL	72-? 63-?
nryk;	130-? 113-?
jpUbey;ntyp	95-? 83-?
ehfh;nfhtpy;	66-? 57-?
ntYhh;	95-? 83-?
flYhh;	76-? 66-?
ghz;onrhp	80-? 70-?
bg';fS:h;	120-? 104-?
midj;Jg; gjpg;g[	2.225-? 1786-?
6 khiykyh;		m/M/(o) vz;/12. ehs;/9/1/2006
brd;id kJiu	230-? 116-? 80-? 56-?
jpUr;rp	70-? 58-?
nfhak;g[j;Jhh;	140-? 108-?
nryk;	85-? 64-?
ghz;or;nrhp	70-? 50-?
ehfh;nfhtpy;	38-? 33-?
<nuhL	38-? 33-?
midj;Jg; gjpg;g[	700-? 406-?
7 igdhd;rpay; ilk;!;	9680-? 7260-?	m/M/(o) vz;/14. ehs;/27/1/2003
kiyahs ehspjH
8 khj;Ug{kp (brd;id)	47-? 35-?	m/M/(o) vz;/38. ehs;/24/2/2003

¶416

https://hcservices.ecourts.gov.in/hcservices/

¶417

	khj;Ug{kp (midj;J gjpg;g[)	702-? 702-? m/M/(o) vz;/33. ehs;/14/3/2001
	,e;jp ehspjH;fs;	(U:ghapy;)
9	ildpf; $hf;ud;	m/M/(o) vz;/44. ehs;/10/3/2003
	fhd;g{h;	783-? 587
	yf;ndh	765-? 574
	nfhuf;g{h;	360-? 270
	thuzhrp myfhghj; thuzhrp (k) myfhghj;	540-? 405 360-? 270 700-? 525
	Mf;uh	360-? 270
	bguyp	360-? 270
	bkhujhghj;	180-? 135
	$hd;rp	220-? 165
	kPul;	333-? 250
	nluhL:z;	405-? 304
	bly;yp	450-? 338
	cwprhh; (mhpahdh)	270-? 203
	$ye;jh; (g";rhg;)	450-? 338
	ghl;dh	630-? 473
	nghghy; (k) buth	360-? 270
	cj;jpugpunjrk;	2365-? 1774
	midj;Jg; gjpg;g[	2880-? 2160
10	ildpf; gh!;fh;	m/M/(o) vz;/62. ehs;/27/3/2003
	b$a;g{h;	650-? 455-?
	n$hj;g{h;	270-? 189-?
	cja;g{h;	225-? 158-?
	m$;kPh;	210-? 147-?
	gPfhdPh;	185-? 130-?

¶418

https://hcservices.ecourts.gov.in/hcservices/

¶419

nfhlh 190-? 133-?
_ f';fh efh; 125-? 88-?
nghghy; 325-? 228-?
,e;Jhh; 400-? 280-?
Fthypah; 200-? 140-?
bua;g{h; 275-? 193-?
gpyh!;g{h; 175-? 123-?
ghzpgl; 250-? 175-?
cwprhh; 175-? 123-?
ghpjhghj; 125-? 88-?
midj;Jg; gjpg;g[ 3375-? 2363-?
,izg ;g [? II
I-B (xU rJu br/kP/)
t/vz;/ ehspjH;fspd; ehspjHpd; jw;nghija muR
bgah; th;j;jf muR tpsk;gu';fSf;fh
tpsk;guf; tpsk;guf; f eph;zak;
fl;lzk; fl;lz bra;ag;gl;l
tpfpjk; (xU murhiz vz;/
gj;jp xU kw;Wk;; ehs;/
br/kP/)
jkpH; ehspjH;fs; (xU rJu brd;o kPl;lh; ? U:ghapy;)

¶420

https://hcservices.ecourts.gov.in/hcservices/

¶421

1 jpdkzp m/M/(o) vz;/132.
ehs;/01/07/2005
brd;id 90-? 49-?
kJiu 65-? 39-?
nfhak;g[j;Jhh; 50-? 30-?
midj;Jg; gjpg;g[ 190-? 114-?
M';fpy ehspjH;fs;
2 epa{ ,e;jpad;
vf;!;gpu!;
bjd;dfg; gjpg;g[ 530-? 293-?
3 ,e;jpad; vf;!;gpu!;
tlf;Fg; gjpg;g 280-? 136-?
[ (bly;yp. rz;ofhh;)
nkw;F gjpg;g[ (Kk;ig. 590-? 206-?
g{nd. ehf;g{h;. tnjhuh.
mfkjhghj;)
midj;Jg; gjpg;g[ 1100-? 660-? 8/12/2005 Kjy;xU
rJu brd;o
kPl;lUf;F
U:630-?
jw;fhypfkhf
eph;zak;
bra;ag;gl;Ls;sJ
4 igdhd;rpay; m/M/(o) vz;/132.
vf;!;gpu!; ehs;/01/07/2005
brd;id gjpg;g[ 50-? 47-?
bjd;dfg; gjpg;g 130-? 95-?
[ (bfhr;rp. bg';fS:h;.
brd;id)
midj;J gjpg;g[ (epa 280-? 168-?
{ bly;yp. Kk;ig.
bfhy;fj;jh. rz;ofhh;.
mfkjhghj;. bfhr;rp.
bg';fS:h;. brd;di)
M';fpy ehspjH;fs; (xU rJu brd;o kPl;lh; ? U:ghapy;)
(bjhlh;r;rp)

¶422

https://hcservices.ecourts.gov.in/hcservices/

¶423

5 ilk;!; Mg; ,e;jpah		m/M/(o) vz;/120. ehs;/29/05/2003 m/M/(o) vz;/202. ehs;/14/10/2003
Kk;ig	1200-? 272-?
bly;yp	990-? 132-?
mfkjhghj;	260-? 30-?
bg';fS:h;	610-? 22-?
yf;ndh	275-? 22-?
ghl;dh	170-? 22-?
icwjuhghj;	130-? 42-?
g{nd bfhy;fj;jh	350-? 126-? 300-? 126-?
midj;Jg; gjpg;g[	2150-? 794-?
6 vf;fdhkpf; ilk;!k;		m/M/(o) vz;/120.
		ehs;/29/05/2003
Kk;ig	550-? 59-?
bly;yp	540-? 59-?
mfkjhghj;	190-? 24-?
bg';fS:h;	190-? 35-?
icwjuhghj;	160-? 35-?
brd;id	160-? 39-?
bfhy;fj;jh	240-? 29-?
midj;Jg; gjpg;g[	1550-? 280-?
,e;jp ehspjH
7 etghuj; ilk;!;		m/M/(o) vz;/120. ehs;/29/05/2003
Kk;ig	160-? 24-?
bly;yp	340-? 103-?
midj;Jg; gjpg;g	450-? 127-?
		b t/,iwad;g[
	;	muR brayhsh;/

¶424

https://hcservices.ecourts.gov.in/hcservices/

¶425

RUf ;fk

¶426

tpsk;guk; ? jkpH; tsh;r;rp (k) bra;jpj;Jiw ? jpdkyh; ehspjGf;F gj;jp brd;o kPl;lh; myfpypUe;J rJu brd;o kPl;lh; myfpw;F khw;wp muR tpsk;guf; fl;lzk; eph;zak; bra;J ? Miz btspaplg;gLfpwJ/

¶427

jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j; Jiw

¶428

murhiz(g) vz;/66 ehs; 01/07/2015 jpUts;Stuhz;L 2045 kd;kj ? Mdp?16 gof;fg;gl;lJ :- 1) murhiz (g) vz;/ 108. bra;jp kw;Wk; Rw;Wyh (tpsk;guk;)j; Jiw ehs; 02/06/2006 2) ,af;Feh;. jpdkyh; ehspjH; mth;fspd; fojk; ehs; 13/06/2015 ????? Miz:,af;Feh;. jpdkyh; ehspjH; mth;fs; jdJ fojj;jpy;. jpdkyh; ehspjH; Rkhh; 9 yl;rk; gpujpfs; tpw;gidahtjhft[k; (10/64 yl;rk; "hapw;Wf;fpHika[k;. 8/97 yl;rk; ,ju thu ehl;fspYk; tpw;gid) 5 kpy;ypad; thrfh;fisf; bfhz;L btsptUtjhft[k;. bgl;nuhypaj;ij mog;gilahff; bfhz;L mr;rpLk; K:yg; bghUl;fSf;fhd tpiy cah;tpd; fhuzkhft[k;. mr;rpLk; fhfpj tpiy mjpf cah;tpd; fhuzkhft[k;. etPd bjhHpy;El;gk; bfhz;l tz;z mr;R ,ae;jpuj;ij th';fp gad;gLj;Jtjhft[k;. ehspjH; btspf; bfhzUk; gzpapy; Vuhskhd rpuk';fs; Vw;gl;Ls;sjhf Fwpg;gpl;Ls;shh;/ nkYk;. jw;nghija jpdkyh; ehspjHpd; th;j;jff; fl;lzj;ij xg;gpLk; nghJ. muR tpsk;guf; fl;lzk; th;j;jff; fl;lzj;jpy; 25% f;F Fiwthf cs;sjhft[k;. fle;j 10 Mz;Lfshf jpdkyh; ehspjGf;F muR tpsk;guf; fl;lzk; khw;wpaikf;fhj fhuzj;jhy; kpFe;j ec&; lk; Vw;gLtijf; fUj;jpy; bfhz;L jpdkyh; ehspjHpd; muR tpsk;guf; fl;lzj;ij gj;jp brd;o kPl;lhpypUe;J rJu brd;o kPl;lh; myfpw;F khw;wp mikj;Jk; jpdkyh; ehspjHpd; jw;nghija th;j;jff; fl;lzj;jpy; 75% I muR tpsk;guf; fl;lzkhf eph;zak; bra;J jUkhWk; nfl;Lf;bfhz;Ls;shh;/

¶429

murpd; ftdkhd ghprPyidf;Fg; gpd;dh; muR tpsk;guf; fl;lzj;ij gj;jp brd;o kPl;lhpypUe;J rJu brd;o kPl;lh; myfpw;F khw;wp mikj;J. jpdkyh; ehspjHpd; gpd;tUk; gjpg;g[fSf;F mjd; th;j;jff; fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf fPH;f;fz;lothW eph;zak; bra;J Mizaplg;gLfpwJ/

¶430

https://hcservices.ecourts.gov.in/hcservices/

¶431

gjpg;g[fs; jw;nghija jw;nghija eph;zak;
th;j;jf th;j;jf bra;ag;gLk; muR
tpsk;guf; tpsk;guf; tpsk;guf;
fl;lzk; (xU fl;lzk; gj;jp fl;lzk;
gj;jp brd;o kPl;lh; (th;j;jff;
brd;okPl;lh;) myfpypUe;J xU fl;lzj;jpy; 75%
(U:gha;) rJu brd;o xU rJu brkP)
kPl;lh; myfpw;F (U:gha;)
khw;wp
(U:gha;)
brd;id 1400 350 263
kJiu 1120 280 210
nfhak;g[j;Jhh; 920 230 173
ntYhh; 408 102 77
<nuhL 288 72 54
nryk; 288 72 54
jpUr;rp 460 115 86
jpUbey;ntyp 420 105 79
ehfh;nfhtpy; 280 70 53
j";rht{h; 432 108 81
ghz;or;nrhp 500 125 94
midj;Jg; 6516 1629 1222
gjpg;g[
3) ,t;tpsk;guf; fl;lzk; ,t;turhiz btspaplg;gLk; ehs; Kjy; mkYf;F
tUfpwJ/
4) ,t;turhiz epjpj;Jiwapd; m/rh/F/ vz; 2947/FS/P/2015
ehs;/30/06/2015?d; ,irt[ld; btspaplg;gLfpwJ/
(MSehpd; Mizg;go)
K:/,uhrhuhk;
muR brayhsh;
RUf ;fk
tpsk;guk; ? jkpH; tsh;r;rp (k) bra;jpj;Jiw ? jpdj;je;jp ehspjGf;F muR
tpsk;guf; fl;lzk; eph;zak; bra;J Miz btspaplg;gLfpwJ/
????????????????????????????????????????????????????????????????
jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j;Jiw

¶432

https://hcservices.ecourts.gov.in/hcservices/

¶433

murhiz(g) vz;/94 ehs; 28/09/2015 jpUts;Stuhz;L 2046 kd;kj ? g[ul;lhrp?11

¶434

gof;fg;gl;lJ :-

¶435

murhiz (g) vz;/ 640. jkpH; tsh;r;rp. mwepiya';fs; (k) bra;jp (tpsk;guk;)j;Jiw ehs; 28/10/2009

¶436

,af;Feh;. jpdj;je;jp ehspjH; mth;fspd; fojk; vz; HA/59, ehs; 24/09/2015

¶437

Miz:-

¶438

nkny ,uz;lhtjhf gof;fg;gl;l ,af;Feh;. jpdj;je;jp. ehspjH;. brd;id mth;fspd; fojj;jpy; jpdj;je;jp ehspjHpd; jw;nghija tpw;gid gpujpfspd; vz;zpf;if 16.81.804 gpujpfshf cs;sJ vd;Wk; ,J fle;j 9 Mz;LfspypUe;J 8.17.194. ypUe;J ,uz;L kl';fhf cah;e;Js;sJ vdt[k; jpdj;je;jp ehspjGf;F 6 Mz;LfSf;F Kd; muR tpsk;guf; fl;lzk; cah;j;jp eph;zak; bra;ag;gl;lJ vd;Wk; mf;fl;lzk; jpdj;je;jp ehspjGf;fhd jw;nghija th;j;jff; fl;lzj;ij xg;gpLk; nghJ. muR tpsk;guf; fl;lzk; th;j;jff; fl;lzj;jpy 23% Mf cs;sJ vdt[k;. nkYk;. jw;nghija muR tpsk;guf; fl;lzj;jpy; tpsk;guk; gpuRhpg;gjhy;. brd;id. g[Jr;nrhp. bg';fS:h; kw;Wk; Kk;ig gjpg;g[fs; jtpu gpw gjpg;g[fspy; cw;gj;jpr; bryit <Lfl;l ,aytpy;iy vd;wk;. gj;jphpif fhfpjk; kw;Wk; jahhpg;g [r; bryt[fs; cah;it <Lbra;a ,ayhj epiy vdt[k;. Vg;uy; 2015 jp';fspy; khw;wpaikf;fg;gl;Ls;s jpdj;je;jp ehspjHpd; th;j;jff; fl;lzj;jpy; 85% ?I muR tpsk;guf; fl;lzkhf eph;zak; bra;J jUkhWk; nfl;Lf; bfhz;Ls;shh;/

¶439

murpd; ftdkhd ghprPyidf;Fg; gpd;dh; jpdj;je;jp ehspjHpd; gpd;tUk; gjpg;g[fSf;F mjd; th;j;jff; fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf fPH;f;fz;lthW eph;zak; bra;J Mizaplg;gLfpwJ/

¶440

01/04/2015 Kjy; eph;zak;
th;j;jf tpsk;guf; bra;ag;gLk;
fl;lzk; muR
tpsk;guf;
fl;lzk;
gjpg;g[fs;
(th;j;jff;
fl;lzj;jpy
; 75%)
(xU rJu brd;o kPl;lh;)
(U:gha;)
brd;id 854 641
kJiu 132 99

¶441

https://hcservices.ecourts.gov.in/hcservices/

¶442

01/04/2015 Kjy; eph;zak;
th;j;jf tpsk;guf; bra;ag;gLk;
fl;lzk; muR
tpsk;guf;
fl;lzk;
gjpg;g[fs;
(th;j;jff;
fl;lzj;jpy
; 75%)
(xU rJu brd;o kPl;lh;)
(U:gha;)
jpz;Lf;fy; 64 48
jpUr;rp 107 80
j";rht{h; 105 79
nfhak;g[j;Jhh; 137 103
jpUg;g{h; 60 45
<nuhL 68 51
nryk; 132 99
jpUbey;ntyp 125 94
ehfh;nfhtpy; 95 71
ntYhh; 83 62
flYhh; 70 53
g[Jr;nrhp 72 54
bg';fS:h; 93 70
Kk;ig 77 58
midj;Jg; 2150 1613
gjpg;g[
3) ,t;tpsk;guf; fl;lzk; ,t;turhiz btspaplg;gLk; ehs; Kjy; mkYf;F
tUfpwJ/
4) ,t;turhiz epjpj;Jiwapd; m/rh/F/ vz; 4179/FS/P/2015
ehs;/28/09/2015?d; ,irt[ld; btspaplg;gLfpwJ/
(MSehpd; Mizg;go)

¶443

K:/,uhrhuhk; muR brayhsh;

¶444

https://hcservices.ecourts.gov.in/hcservices/

¶445

RUf ;fk

¶446

tpsk;guk; ? jkpH; tsh;r;rp (k) bra;jpj;Jiw ? kf;fs; Fuy; jkpH; khiy ehspjH; kw;Wk; ohpdpl;o kpuh; M';fpy khiy ehspjH; Mfpatw;wpw;F muR tpsk;guf; fl;lzk; eph;zak; bra;J ? Miz btspaplg;gLfpwJ/

¶447

jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j;Jiw

¶448

murhiz(g) vz;/116 ehs; 18/11/2015

¶449

jpUts;Stuhz;L 2046 kd;kj ? fhh;j;jpif?2 gof;fg;gl;lJ :- 1/ murhiz (o) vz; 298. jkpH; tsh;r;rp. mwepiya';fs; (k) bra;jp (tpsk;guk;)j; Jiw ehs; 04/08/2011 2/ murhiz (o) vz; 288. jkpH; tsh;r;rp. mwepiya';fs; (k) bra;jp (tpsk;guk;)j; Jiw ehs; 31/12/2012 3/ Mrphpah; (k) btspaPl;lhsh;. kf;fs; Fuw; kw;Wk; ohpdpl;o kpuh; ehspjH;fs;. brd;id mth;fspd; foj ehs; 27/08/2015 ????? Miz:nkny K:d;whtjhf gof;fg;gl;l fojj;jpy; kf;fs; Fuy; kw;Wk; ohpdpl;o kpuh; Mfpa ehspjH;fspd; Mrphpah;?btspaPllhsh;. mth;fs;. fle;j rpy Mz;Lfshf gj;jphpiffSf;F njitahd fhfpjk;. mr;rpLk; ik. Mg;brl; gpnsl; kw;Wk; K:yg; bghUl;fspd; tpiy cah;t[ kw;Wk; CHpah;fspd; Cjpa cah;t[ nghd;w fhuz';fspdhy; nkw;fz;l ,uz;L ehspjH;fspd; th;j;jf tpsk;guf; fl;lz';fis cah;j;j ntz;oa epiy Vw;gl;Ls;sJ vd;Wk; vdnt. me;ehspjH;fspd; jw;nghija th;j;jf fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf eph;zak; bra;J jUkhWk; nfl;Lf;bfhz;Ls;shh;/

¶450

murpd; ftdkhd ghprPyidf;Fg; gpd;dh; kf;fs; Fuy; jkpH; kw;Wk; ohpdpl;o kpuh; M';fpyk; Mfpa khiy ehspjH;fspd; gpd;tUk; gjpg;g[fSf;F mjd; th;j;jff; fl;lzj;jpy; 75% ?I muR tpsk;guf; fl;lzkhf fPH;f;fz;lthW eph;zak; bra;J Mizaplg;gLfpwJ/

¶451

https://hcservices.ecourts.gov.in/hcservices/

¶452

jw;nghija th;j;jf jw;nghJ
tpsk;guf; fl;lzk; muR
eph;zak;
bra;a[k;
kf;fs; Fuy; tpsk;guf;
jkpH; khiy fl;lzk;
ehspjHpd; (th;j;jff;
gjpg;g[fs;
fl;lzj;jpy
; 75%)
(xU rJu brd;o kPl;lh;)
(U:gha;)
brd;id 360 270
kJiu 320 240
nfhak;g[j;Jhh; 320 240
jkpH;ehL 900 675
gjpg;g[
(midj;Jg;
gjpg;g[)
brd;id 360 270
kJiu 320 240
nfhak;g[j;Jhh; 320 240
jkpH;ehL 900 375
gjpg;g[
(midj;Jg;
gjpg;g[)
3) ,t;tpsk;guf; fl;lzk; ,t;turhiz btspaplg;gLk; ehs; Kjy; mkYf;F
tUfpwJ/
4) ,t;turhiz epjpj;Jiwapd; m/rh/F/vz; 4865/FS/P/2015
ehs;/11/11/2015?d; ,irt[ld; btspaplg;gLfpwJ/
(MSehpd; Mizg;go)
K:/,uhrhuhk;
muR brayhsh;
RUf ;fk
tpsk;guk; ? jkpH; tsh;r;rp (k) bra;jpj;Jiw ? jp epa{ ,e;jpad; vf;!;gpu!;
(jkpH;ehL kw;Wk; bjd;dfg; gjpg;g[) kw;Wk; jpdkzp Mfpa ehspjH;fSf;F muR
tpsk;guf; fl;lzk; eph;zak; bra;J ? Miz btspaplg;gLfpwJ/
????????????????????????????????????????????????????????????????

¶453

https://hcservices.ecourts.gov.in/hcservices/

¶454

jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j;Jiw

¶455

murhiz(g) vz;/28 ehs; 22/02/2016 jpUts;Stuhz;L 2047 kd;kj tUlk;?khrp?10 gof;fg;gl;lJ :- 1/ murhiz (o) vz; 142. jkpH; tsh;r;rp (k) bra;jp Jiw. ehs; 30/12/2014 2/ Jizj; jiyth; (khh;f;bfl;o';). jp epa{ ,e;jpad; vf;!;gpu!; ehspjH; kw;Wk; jpdkzp ehspjH;. brd;id mth;fspd; fojk; ehs; 23/12/2015/

¶456

Miz:-

¶457

nkny ,uz;lhtjhfg; gof;fg;gl;l fojj;jpy; jp epa{ ,e;jpad; vf;!;gpu!; kw;Wk; jpdkzp Mfpa ehspjH;fspd; Jizj; jiyth; (khh;f;bfl;o';) mth;fs; jdJ fojj;jpy;. bra;jpj;jhs; fhfpjj;jpd; tpiy mjpfkhf tpiy cah;t [ Vw;gl;Ls;sjhYk; kw;Wk; ,ju mr;rpLk; bghUl;fs; mjpf tpiy cah;t [ Vw;gl;Ls;sjhYk;. jp epa{ ,e;jpad; vf;!;gpu!; ehspjH; kw;Wk; jpdkzp ehspjH;fspd; th;j;jf tpsk;guf; fl;lzk; khw;wp mikf;fg;gl;Ls;sjhy;. jp epa{ ,e;jpad; vf;!;gpu!; kw;Wk; jpdkzp Mfpa ehspjH;fSf;F th;j;jff; fl;lzj;jpy; 85 rjtpfpjj;ij muR tpsk;guf; fl;lzkhf eph;zak; bra;a[khWk;. jpdkzp ehspjHpd; g[jpa gjpg;ghd ehfg;gl;odk; gjpg;gpw;Fk; muR tpsk;guf; fl;lzk; eph;zak; bra;a[khWk; nfl;Lf; bfhz;Ls;shh;/

¶458

murpd; ftdkhd ghprPyidf;Fg;g gpd;dh; jp epa{ ,e;jpad; vf;!;gpu!; ehspjHpd; (jkpH;ehL kw;Wk; bjd;dfk;) gjpg;g[fSf;Fk; kw;Wk; jpdkzp ehspjH;fspd; gjpg;g[fSf;Fk; mjd; th;j;jff; fl;lzj;jpy; 75% ?I muR tpsk ;guf; fl ;lzkhf eph ;zak; bra ;J Mizaplg ;gLfpwJ/

¶459

t/vz;/	ehspjH;fspd; bgah; kw;Wk; gjpg;g[fs;	jw;nghija th;j;jf tpsk;guf; fl;lzk; eph;zak; bra;ag;gL k; muR tpsk;guf; fl;lzk;
		(xUrJu brd;o kPl;lh;)
		(U:gha;) (U:gha;)
1)	epa{,e;jpad; vf;!;gpu!;
	jkpH;ehL gjpg;g[	1300 975
	bjd;dfg; gjpg;g[	3000 2250
	brd;id	385 289
	kJiu	135 101
	nfhak;g[j;Jhh;	170 128
	jpUr;rpuhg;gs;sp	110 83

¶460

https://hcservices.ecourts.gov.in/hcservices/

¶461

jw;nghija eph;zak;
th;j;jf bra;ag;gL
tpsk;guf; k; muR
ehspjH;fspd; bgah; fl;lzk; tpsk;guf;
t/vz;/
kw;Wk; gjpg;g[fs; fl;lzk;
(xU rJu brd;o kPl;lh;)
(U:gha;) (U:gha;)
jpUbey;ntyp 110 83
ntYhh; 80 60
jh;kg[hp 70 53
tpGg;g[uk; 70 53
ehfg;gl;odk; (g[jpa 30 23
gjpg;g[)
jkpH;ehL 1000 750
3) ,t;tpsk;guf; fl;lzk; ,t;turhiz btspaplg;gLk; ehs; Kjy; mkYf;F
tUfpwJ/
4) ,t;turhiz epjpj;Jiwapd; m/rh/F/vz; 582/FS/P/2016 ehs;/20/02/2016?d;
xj;jpirt[ld; btspaplg;gLfpwJ/
(MSehpd; Mizg;go)
b$/FkuFUgud;
,af;Feh;. bra;jp kf;fs; bjhlh;g[ kw;Wk;
mYtyhy; muR ,izr; brayhsh;/
RUf ;fk
tpsk;guk; ? bra;jp kf;fs; bjhlh;g[j;Jiw ? brd;id cah;ePjpkd;wk; 01/06/2017
md;W hpl; kD vz;/6374. 6375. 6394 kw;Wk; 8242-2017?y; tH';fpa jPh;g;g[iuapd;
mog;gilapy; jpdfud; kw;Wk; jkpH; KuR Mfpa jkpH; ehspjH;fspd; muR tpsk;guf;
fl;lzj;ij kW eph;zak; bra;J ? Miz btspaplg;gLfpwJ/
????????????????????????????????????????????????????????????????
jkpH; tsh;r;rp (k) bra;jp (tpsk;guk;)j;Jiw
murhiz(g) vz;/118 ehs; 05/10/2017
jpUts;Stuhz;L 2048
ncwtpsk;gp?g[ul;lhrp?19
gof;fg;gl;lJ :-
1/ brd;id cah;ePjpkd;wk; 01/06/2017 md;W hpl; kD vz;/6374. 6375. 6394
kw;Wk; 8242-2017?y; tH';fpa jPh;g;g[iu ehs;/ 01/06/2017/
2/ jiyik bghJ nkyhsh;. jpdfud; ehspjH; mth;fspd; 5/9/2017
ehspl;l fojk;/
3/ jiyik bghJ nkyhsh;. jkpH;KuR ehspjH; mth;fspd; 5/9/2017 ehspl;l

¶462

https://hcservices.ecourts.gov.in/hcservices/

¶463

fojk;/

¶464

////// Miz:-

¶465

Kjyhtjhf gof;fg;gl;l brd;id cah;ePjpkd;wk; 1/6/2017 md;W tH';fg;gl;l jPh;g;g[iuapy; K:d;W tHpfhl;Ljy;fspy; ,uz;lhtJ tHpfhl;Ljyhf "jpdfud; " kw;Wk; "jkpH;KuR; " Mfpa jkpH; ehspjH;fSf;F muR tpsk;guf; fl;lzj;ij cah;j;jp eph;zak; bra;a Mizapl;Ls;sJ/

¶466

2/ ,uz;lhtJ kw;Wk; K:d;whtjhf gof;fg;gl;l foj';fspy; jpdfud; kw;Wk; jkpH;KuR ehspjH;fspd; jiyik bghJ nkyhsh;fs; Mfpnahh; bjhLj;j upl; kD vz; 6374. 6375. 6394 kw;Wk; 8242-2017?d; kPJ tH';fpa jPh;g;g[iuapd; mog;gilapy; jpdfud; kw;Wk; jkpH; KuR Mfpa jkpH; ehspjH;fspd; muR tpsk;guf; fl;lzj;ij kW eph;zak; bra;a[khW nfl;Lf; bfhz;Ls;sdh;/

¶467

3/ murpd; ftdkhd ghprPyidf;Fg; gpd;dh;. brd;id cah;ePjpkd;wk; 01/06/2017 md;W hpl; kD vz; 6374. 6375. 6394 kw;Wk; 8242-2017?y; tH';fpa jPh;g;g[iuapd; mog;gilapy; jpdfud; kw;Wk; jkpH; KuR Mfpa jkpH; ehspjH;fspd; jw;nghija th;j;jff; fl;lzj;jpy; 75 tpGf;fhl;oid muR tpsk;guf; fl;lzkhf fPH;f;fz;lthW eph;zak; bra;J Mizaplg;gLfpwJ/

¶468

jpdfud; ehspjH; tpsk ;guf; fl ;lzk

¶469

jpdfud; ehspjHpd;	jpdfu; ;	d; ehspjHpd; jpdfud; ehspjGf;F
gjpg;g[	jw;ngh ;; tpsk;g; ;;	;ija th;j;jf ;uf; fl;lzk; jw;nghJ muR eph;zak; bra;a[k; fl;lzk; (th;j;jff; fl;lzj;jpy; 75%) (rJu brd;o kPl;lh;) (U:gha;)
brd;id	765	574
nfhak;g[j;Jhh;	215	161
kJiu	217	163
jpUr;rp	215	161
nryk;	153	115
ntYhh;	108	81
jpUbey;ntyp	104	78
ehfh;nfhtpy;	83	62
ghz;or;nrhp (flYhh;. tpGg;g[uk;)	141	106
jkpH;ehL	??	1501
bg';fS:U	90	68
Kk;ig	146	110

¶470

https://hcservices.ecourts.gov.in/hcservices/

¶471

jpdfud; ehspjHpd; jpdfud; ehspjHpd; jpdfud; ehspjGf;F
gjpg;g[ jw;nghija th;j;jf jw;nghJ muR
tpsk;guf; fl;lzk; eph;zak; bra;a[k;
fl;lzk; (th;j;jff;
fl;lzj;jpy; 75% )
(rJu brd;o kPl;lh;) (U:gha;)
bly;yp 103 77
midj;Jg; gjpg;g[ 2177 1633
jkpH ;KuR ehspjH; tpsk ;guf; fl ;lzk
gjpg;g[ jkpH;KuR ehspjHpd; jkpH;KuR ehspjGf;F
jw;nghija th;j;jf jw;nghJ muR
tpsk;guf; fl;lzk; eph;zak; bra;a[k;
fl;lzk; (th;j;jff;
fl;lzj;jpy; 75% )
(rJu brd;o kPl;lh;) (U:gha;)
brd;id 244 183
nfhak;g[j;Jh; 121 91
kJiu 92 69
jpUr;rp 92 69
nryk; 104 78
ntYhh; 53 40
jpUbey;ntyp 44 33
ehfh;nfhtpy; 38 29
ghz;or;nrhp (flYhh;. 76 54
tpGg;g[uk;)
jkpH;ehL 864 649
midj;Jg; gjpg;g[ 864 649
4) ,t;thiz epjpj;Jiwapd; m/rh/F/vz;/369- jt(k)(br)Jiw-2017
ehs;/27/9/2017?d; ,irt[ld; btspaplg;gLfpwJ/
5) ,t;thiz cldoahf eilKiwf;F tUfpwJ/
(MSehpd; Mizg;go)
,uh/bt';fnlrd;
muR brayhsh;
17. Reading of the Government Orders shows that
depending upon the circulation, region, rates are
fixed. Contention of the learned Advocate General that

¶472

https://hcservices.ecourts.gov.in/hcservices/

¶473

Central Government advertisements are normally published in national newspapers, with wide circulation and not in all regional newspapers, appears to be reasonable and also acceptable because, regional newspapers with all certainty, cannot be said to be widely circulated, throughout the State of Tamilnadu. Contents of the Go's extracted supra, speak for themselves. Therefore, it can be concluded that the difference in the advertisement rate, depending upon the circulation of the newspapers, in the above mentioned Government Orders, would speak for itself.

¶474

Main contention of the petition is that when Makkal Kural (Tamil) and Trinity Mirror (English) have accepted the rate at Rs.13.49/- per sq.cm, for advertising, and to the effect, an order has been issued by the Ministry of Information and Broad Casting, Government of India, New Delhi. Government of Tamil Nadu is spending huge money on Makkal Kural (Tamil) and Trinity Mirror (English) newspapers. Advertising Rate Contract Agreement of the above dailies, are extracted hereunder:

¶475

"Directorate of Advertising & Visual Publicity Ministry of Information and Broadcasting Government of India Soochna Bhawan, Phase 4, CGO Complex, Lodhi Road, New Delhi-110003 ADVERTISING RATE, CONTRACT AGREEMENT

¶476

This agreement is being entered into between. DAVP, Ministry of I&B, Government of India and the publisher mentioned below, as per terms and conditions given as under:

¶477

DAVP Code : 400036 RNI Regn. : 024383/73 [CA][Standard][UNBOUND] [Colour] Name, Language : MAKKAL KURAL, TAMIL Peridicity, Place : DAILY (E), CHENNAI Address : 1,FIRST MAIN ROAD, UNITED INDIA COLONY, KODAMBAKKAM-24, TAMIL NADU CHENNAI, TAMIL NADU-600024. Telephone : 44-24733900

¶478

(a) This agreement is valid from : 01/01/2016 to 31/12/2018

¶479

(b) Circulation Accepted : 16860 [ Sixteen Thousand

¶480

https://hcservices.ecourts.gov.in/hcservices/

¶481

Eight Hundred Sixty]

¶482

¶483

(d) Net Rate after agency discount of 15% to DAVP : Rs.11.4700 [Rupees Eleven and Paise Forty Seven Only] (Additional discount of 1.0% for UPSC 4 SSC advts)

¶484

(e) These rates will be revised in case of any change in the basis of the calculation.

¶485

The publisher will not offer a lower safe than this to any other advertiser. DAVP will automatically reduce the rate accordingly.

¶486

Circulation figures and other information provided by the publisher, if found incorrect later, may lead to stoppage of Government advertisements, recovery of payments and any other action deemed appropriate by Government.

¶487

Payment will be made by DAVP as per actual;space used, on receipt of published copy of the advertisement along with bills.

¶488

Refusal to publish advertisement released by DAVP may lead to cancellation of empanelment.

¶489

The publisher shall intimate immediately to DAVP of any change in printer/publisher/size/periodicity/language/place of publication, etc.

¶490

The publisher accepts all the terms and conditions of the Advertising Policy of the Government as amended,from time-to-time and notified on the website of DAVP http://www.davp.nic.in

¶491

The rates for colour advertisements will be higher by 40% as compared to the rates for black and white advertisements.

¶492

Directorate of Advertising & Visual Publicity Ministry of Information and Broadcasting

¶493

Government of India

¶494

Soochna Bhawan, Phase 4, CGO Complex, Lodhi Road, New Delhi-110003

¶495

ADVERTISING RATE, CONTRACT AGREEMENT

¶496

This agreement is being entered into between. DAVP, Ministry of I&B, Government of India and the publisher mentioned below, as per terms and conditions given as under:

¶497

Name, Language : TRINITY MIRROR, ENGLISH

¶498

https://hcservices.ecourts.gov.in/hcservices/

¶499

Peridicity, Place : DAILY (M), CHENNAI Address : No.1, FIRST MAIN ROAD, UNITED INDIA COLONY, KODAMBAKKAM, CHENNAI, CHENNAI, TAMIL NADU-600024. Telephone : 44-24733910

¶500

(a) This agreement is valid from : 01/01/2016 to 31/12/2018

¶501

(B) Agreed Rate per Sq.cm : Rs.13.4900/- [Rupees "Thirteen and Paise Forty Nine Only]

¶502

(c) Net Rate after agency discount of 15% to DAVP : Rs.11.4700 [Rupees Eleven and Paise Forty Seven Only] (Additional discount of 1.0% for UPSC 4 SSC advts)

¶503

(d) These rates will be revised in case of any change in the basis of the calculation.

¶504

The publisher will not offer a lower safe than this to any other advertiser. DAVP will automatically reduce the rate accordingly.

¶505

Circulation figures and other information provided by the publisher, if found incorrect later, may lead to stoppage of Government advertisements, recovery of payments and any other action deemed appropriate by Government.

¶506

Payment will be made by DAVP as per actual;space used, on receipt of published copy of the advertisement along with bills.

¶507

Refusal to publish advertisement released by DAVP may lead to cancellation of empanelment.

¶508

The publisher shall intimate immediately to DAVP of any change in printer/publisher/size/periodicity / language/place of publication, etc.

¶509

The publisher accepts all the terms and conditions of the Advertising Policy of the Government as amended,from time-to-time and notified on the website of DAVP http://www.davp.nic.in

¶510

The rates for colour advertisements will be higher by 40% as compared to the rates for black and white advertisements.

¶511

Authorised Signatory Authorised Signatory On behalf of Publisher On behalf of DAVP

¶512

Signature :..........................Signature :..................... Name :..........................Name

¶513

:.....................

¶514

Designation:................... Designation:...........

¶515

19. From the averments and submission of the learned counsel for the petitioner, it could be deduced that when Government Orders, extracted supra, contain details of the rates of advertisement, of various newspapers, the

¶516

https://hcservices.ecourts.gov.in/hcservices/

¶517

petitioner is aggrieved only against two newspapers, namely, Makkal Kural (Tamil) and Trinity Mirror (English). Reasons are best known to the petitioner."

¶518

15. Thus, from the above it could be seen that the Hon'ble Apex Court in Common Cause case, has issued orders and guidelines in the matter of advertisements by political parties have been framed and this Court in W.P.No.6775 of 2019, dated 11.03.2019, has also considered the costs involved in advertisements. No fresh directions are required to be issued to consider the representation of the petitioner.

¶519

16. Hence, this Writ Petition is dismissed. No Costs.

¶520

Sd/- Assistant Registrar (CS-V) //True Copy//

¶521

ars/dm Sub Assistant Registrar To

¶522

The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

¶523

The Secretary, Government of India, information & Broadcasting Department, A Wing, Shasthri Bhavan, New Delhi - 110 001.

¶524

The Secretary, Indian Railways, Government of India, Rail Bhavan, New Delhi.

¶525

The Secretary, Ministry of Labour and Employment Department, New Delhi.

¶526

The Secretary, Employees State Insurance Corporation, New Delhi. +1 cc to Mr.K.Arvind, Advocate, S.R.No.30294(04/07/2019) +1 cc to the Government Pleader, S.R.No.47146

¶527

W.P.No.7819 of 2019

¶528

CP(CO) SSM(25/06/2019)(04/07/2019)

¶529

https://hcservices.ecourts.gov.in/hcservices/

Traffic Dr.K.R.Ramaswamy v. The Chief Secretary

Case brief

What is this about?

What the court decided

Traffic Dr.K.R.Ramaswamy v. The Chief Secretary

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

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Coram

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