Bombay HC Orders Maharashtra Govt To Constitute Committee To Investigate Misuse Of Public Funds On Advertisements

Mumbai: The Bombay High Court directed the Maharashtra Government to constitute a committee to look into the misuse of public funds on advertisements. It has directed the chief secretary to “personally ensure” that such a three-member committee is constituted comprising persons “with unimpeachable neutrality and impartiality and who have excelled in their respective fields”.

A bench of Justices MS Sonak and Jitendra Jain, on October 18, noted that “there is no justification for not having a committee in the State of Maharashtra”.

The HC was hearing a petition by the Editors’ Forum contending Government Resolutions (GRs) dated May 1, 2001, August 13, 2008, August 31, 2009, and October 19, 2015, issued by the General Administration Department regarding several issues concerning advertisements to be released to the print and electronic media are being flouted with impunity.

Petitioner’s Advocates SB Talekar and Madhavi Ayyappan pointed out several instances of the alleged breaches, including complaints about violations of the rotation policy in distribution, the release of advertisements to non-approved newspapers and channels, the release of advertisements without involving the Director General of Information and Public Relations (DGIPR) regarding empanelment, non-approved creative agencies, etc.

It also alleged several breaches by State agencies such as Brihanmumbai Municipal Corporation, City and Industrial Development Corporation, Maharashtra Housing and Area Development Authority and Maharashtra Industrial Development Corporation.

The plea sought “scrupulous observance” of the GRs and sought Constitution of a Commission to enquire about the illegalities committed by DGIPR and other government agencies and local authorities. Moreover, it sought departmental action and criminal prosecution against all those involved in breaching the GRs and frittering away public funds.

States advocate Abhay Patki referred to the committee formed under the December 20, 2018 GR and tried to suggest that this would be the committee in terms of the decision of the apex court.

Dismissing the argument, the HC said: “We are satisfied that the above committee has no nexus with the committee as contemplated by the Hon’ble Supreme Court.”

Emphasising that there is no justification for not having a committee in Maharashtra, the HC directed for the constitution of a three-member body as expeditiously as possible and in any event before December 14, 2024. The HC has kept the matter for checking compliance on December 16.