The Bombay High Court has directed the Maharashtra government to establish a three-member committee by December 14, 2024, to prevent misuse of public funds in government-sponsored advertisements, including the Bombay Municipal Corporation ( BMC ), Maharashtra Industrial Development Corporation ( MIDC ), and City and Industrial Development Corporation ( CIDCO ).
The bench, comprising Justices M.S. Sonak and Jitendra Jain, expressed its dissatisfaction with the absence of a functional oversight committee. This oversight is essential in ensuring compliance with the Supreme Court’s 2015 ruling in Common Cause v. Union of India, directing accountability in government advertising, specifically aimed at preventing advertisements that serve political motives rather than public welfare.
Boost Your Business with SME IPO Funding Strategies – Enroll Now
The Editors’ Forum’s petition highlighted multiple breaches of government resolutions dating back to 2001, 2008, 2009, and 2015. It accused state entities of in favour of non-approved media outlets and engaging with non-compliant creative agencies, which circumvented established guidelines.
Despite the state’s defence that its advertising practices aligned with current guidelines, the Court found these justifications insufficient and reiterated the need for stringent oversight.
The court mandated that the Chief Secretary of Maharashtra bear personal responsibility for forming the committee, which will consist of experts with “unimpeachable neutrality and impartiality.” This body will be charged with reviewing and ensuring compliance with advertising policies across Maharashtra’s public institutions.
Boost Your Business with SME IPO Funding Strategies – Enroll Now
“If the committee directed by the Supreme Court were to be in place, we would have had no difficulties directing it to look into these instances of violations alleged in the petition,” the bench remarked.
The court underscored that the new committee must adhere to the intent of the Supreme Court’s Common Cause decision, which aims to ensure that public funds are not exploited to promote political agendas.
In court, Advocate S.B. Talekar represented the Editors’ Forum, while Additional Government Pleader Abhay Patki appeared for the Maharashtra state. Representatives from other involved parties, including BEST, BMC, and MIDC, were also present.
Boost Your Business with SME IPO Funding Strategies – Enroll Now
The bench also added that, “If the petitioner encounters any violations between today and the next date, it is free to file an affidavit recording such instances. The petitioner and Additional Government Pleader are directed to send a copy of this order to the Chief Secretary of the State of Maharashtra at the earliest since this order places the onus of ensuring compliance upon the chief secretary.”
The case is scheduled for further hearing on December 16, 2024.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
