Bombay high court orders committee to oversee government ad funds

Bombay high court orders committee to oversee government ad funds

Orders to set up by 14 December.

Bombay high court

Mumbai: The Bombay high court directed the Maharashtra government to form a three-member committee to monitor the use of public funds in government advertisements, ensuring that funds are not used for unrelated purposes. This directive stems from the state's delay in adhering to a supreme court mandate focused on enforcing accountability in public advertising. The court ordered that the committee must be set up by 14 December.

This order, issued by a bench comprising justice MS Sonak and Justice Jitendra Jain, highlighted concerns over the lack of active oversight within Maharashtra, deeming this absence of monitoring "unjustifiable." The court referred to the Supreme Court's judgment in the “Common Cause vs. Union of India case”, which deemed political promotion through government advertising as contrary to the principles of fairness and constitutional rights outlined in articles 14 and 21.

The ruling came in response to a petition by the Editors’ Forum, which raised issues regarding compliance with various government guidelines related to advertising practices by entities such as the Bombay Municipal Corporation (BMC), City and Industrial Development Corporation (CIDCO), and Maharashtra Industrial Development Corporation (MIDC). The petition highlighted concerns around ad placements and the use of unapproved agencies.

Representatives of the Maharashtra government argued their adherence to current guidelines; however, the court found the State's explanations insufficient. The judges underscored that, had a committee as mandated by the Supreme Court been established, it could have actively reviewed the alleged issues.

The chief secretary of Maharashtra has been specifically instructed to oversee the formation of this committee, ensuring stringent accountability in the use of public funds. The petitioners were represented by advocates SB Talekar, Madhavi Ayyappan, Chagan Thakare and Neha Lalsare, with additional government pleader Abhay Patki representing the state.