IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

CONTEMPT PETITION (CIVIL) NO. _________OF 2015
IN
WRIT PETITION (CIVIL) NO. 197 OF 2004
IN THE MATTER OF:
CENTER FOR PUBLIC INTEREST LITIGATION (CPIL)
THROUGH ITS GENERAL SECRETARY
MS. KAMINI JAISWAL
AGED ABOUT 58 YEARS
43, LAWYERS CHAMBER,
SUPREME COURT OF INDIA
NEW DELHI- 110001.
APPLICANT
VERSUS
1. KEWAL KUMAR SHARMA
CHIEF SECRETARY
GOVERNMENT OF NCT OF DELHI
A- WING, 5TH FLOOR,
B- DELHI SECRETARIAT,
NEW DELHI- 110113.
2. THIRU K GNANADESIKAN
CHIEF SECRETARY,
STATE OF TAMIL NADU
CHENNAI.
...ALLEGED CONTEMNOR
IN THE MATTER OF:
CENTER FOR PUBLIC INTEREST LITIGATION (CPIL)
THROUGH ITS GENERAL SECRETARY
MS. KAMINI JAISWAL
AGED ABOUT 58 YEARS
43, LAWYERS CHAMBER,
SUPREME COURT OF INDIA
NEW DELHI- 110001.
PETITIONER

VERSUS
1. UNION OF INDIA
THROUGH THE CABINET SECRETARY
SOUTH BLOCK, NEW DELHI- 500041
2. STATE OF ANDHRA PRADESH
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
HYDERABAD- 500041
3. STATE OF ARUNACHAL PRADESH
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
ITANAGAR- 791111.

4. STATE OF ASSAM
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
ZOO NARANGI ROAD
DISPUR, GUWAHATI, ASSAM.

5. STATE OF BIHAR
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
8, CIRCULAR ROAD, PATNA
BIHAR.

6. STATE OF CHATTISGARH
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
RAIPUR, CHATTISGARH.

7. GOVERNMENT OF NCT OF DELHI

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
NEW DLHI-110001.

8. STATE OF GOA
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
PANAJI, GOA.

9. STATE OF GUJRAT
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENR SECRETARIAT
SECTOR- 9, GANDHINAGAR, GUJRAT.

10. STATE OF HARYANA

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENR SECRETARIAT
SECTOR-7, CHANDIGARH (UT).

11. STATE OF HIMACHAL PRADESH

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENR SECRETARIAT
SHIMLA, HP
12. STATE OF JAMMU AND KASHMIR
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
SONWAR, SRINAGAR (J&K)
13. STATE OF JHARKHAND
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
RANCHI, JHARKHAND
14. STATE OF KARNATAKA
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
FRAZER TOWN
BANGALORE- 560005

15. STATE OF KERALA

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
JAWAHAR NAGAR
THIRUVANATHPURAM, KERALA

16. STATE OF MADHYA PRADESH

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
SWAMI DAYANAND MARG
BHOPAL, MP

17. STATE OF MAHARASHTRA

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
GEN. J BHOSLE MARG ,
MUMBAI- 400021

18. STATE OF MANIPUR

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
IMPHAL- 795001

19. STATE OF MEGHALAYA

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
SHILLONG- 793001
20. STATE OF MIZORAM
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
AIZAWAL

21. STATE OF NAGALAND

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
KOHIMA

22. STATE OF ORISSA

THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
BHUBNESHWAR
23. STATE OF PUNJAB
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
CHANDIGARH
24. STATE OF RAJASTHAN
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
JAIPUR
25. STATE OF SIKKIM
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
GANGTOK, SIKKIM
26. STATE OF TAMIL NADU
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
CHENNAI
27. STATE OF TIRUPURA
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
AGARTALA.
28. STATE OF UTTARANCHAL
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
SUBHASH ROAD
DEHRADUN- 248001
29. STATE OF UTTAR PRADESH
THROUGH ITS CHIEF SECRETARY
STATE GOVERNMENT SECRETARIAT
LUCKNOW
30. STATE OF WEST BENGAL

THROUGH ITS CHIEF SECRETARY

STATE GOVERNMENT SECRETARIAT
KOLKATA- 700019
RESPONDENTS
APPLICATION ON BEHALF OF THE APPLICANTS U/S 12
OF THE CONTEMPT OF COURTS ACT, 1971 READ
WITH RULE 3 (c) OF THE RULES TO REGULATE
PROCEEDINGS FOR CONTEMPT OF THE SUPREME
COURT,

1975

FOR

INITIATING

CONTEMPT

PROCEEDINGS AGAINST THE ABOVE-NAMED ALLEGED

CONTEMNOR

FOR

NON-COMPLIANCE

OF

THE

JUDGMENT DATED 13.05.2015 OF THIS HONBLE

COURT IN THE AFORE-MENTIONED CIVIL APPEALS
To
The Honble Chief Justice of India
And his companion justices of the Supreme Court of India
Most respectfully showeth:

1. That the applicant above-named is filing the instant

application seeking initiation of contempt proceedings
against the above-named alleged Contemnor for willfully
and deliberately disobeying the explicit direction of this
Honble Court issued vide judgment dated 13.05.2015 in
the above mentioned civil appeal.
Court
the

was
guidelines

pleased

recommended

This

Honble

to

consider

by the committee

constituted

vide

this

Honble

Courts

order

dated

23.04.2014 to look into the aspect of misuse of public fund

by government advertisement. This Honble court accepted
and approved the recommendations of the court appointed
committee, while differing on certain aspects as detailed in
Para 28 of the judgment/ order dated 13.05.2015. The
recommendation of the committee forms part of the
directions issued by this Honble Court. The relevant
recommendations are as follows:
6.1. 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.
6.2. (ii) Government shall exercise due caution while
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 are

achieved in the most cost effective manner.
6.3(i). Display material must be presented in objective
language and be free of political argument or partisan
standpoint,
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.
iii). (a) Mention the party in government by name;
(b) directly attack the views or actions of others in
opposition.
6.4 (e).Advertisement campaigns should only be need
based.
2. As far as the government advertisement and publication of
photograph of political leader is concerned, the committee
recommended as follows:
6.3. (iv). Government advertisement materials should
avoid photographs of political leaders and if it is felt
essential for effective Government messaging, only the

photographs

of

the

President/Prime

Minster

or

Governor/Chief Minister should be used.

This Honble Court differed with the recommendations of
the court appointed committee so far as publication of
photographs are concerned and observed as under:
23. 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 alongwith 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.
A Copy of the aforesaid judgment dated 13.05.2015 is
being annexed hereto as Annexure A (from page nos.
______to______).

Willful disobedience of this Courts order:

3.

Despite there being a clear direction issued by this

Honble Court, the respondents have acted in willful

disobedience and derogation of the law laid down by this
Honble Court. The prime objective of the judgment is to
prevent misuse of public fund for political advantage/
mileage by glorifying political leaders in power. Principally,
any advertisement issued by government arising out of
government funds should meet the test of political
neutrality coupled with public interest involved and should
not defy the recommendations/ directions of this Honble
Court to get undue political mileage.
Advertisement at public expenses is considered necessary
for disseminating information to the public, like changes in
policy,

new

initiatives

etc.

Government

advertisement

arising out of public fund has to meet the test of public

interest and rationality as well, any government add that
fails to sub-serve the test of public interest and rationality,
is foul of Article 14 and 21 of the Constitution of India as
well as the directions issued by this Honble Court.
Recently, some of the state government/s have allocated

huge

funds

for

government

advertisement

and

are

advertising in such a manner, through television, radio and

print media as if they are in election campaign. The GNCTD
has allocated 526 cr. of fund for advertisement as compared
to 23.7 cr in 2014-2015, 25 cr in 2013-2014, 24.9 cr in
2012-2013 and 27.6 cr in 2011-2012 and is wasting the
same for espousing their own political interest by glorifying
the party in power. The enormous increase budget for
advertisement

has

led

to

glorification

by

showing

unrestricted television ads, on almost all prime channels at

a very short interval. A copy of the newspaper report dated
03.06.2015 published in Times of India is annexed and
marked as Annexure B (from page nos. ___ to ______).
Willful disobedience of this Courts order by the GNCTD:
4. That

the

Government

of

NCT

of

Delhi

after

the

pronouncement of the above mentioned order in the

aforementioned civil appeal, willfully and deliberately issued
government advertisement, without complying with the
directions issued by this Honble Court. The advertisements
would show they have been issued wasting huge public

money to get political mileage for the party in power, its

political leaders at the cost of state exchequer.
5. That the advertisement of 2.00 minutes duration (apprx.)
issued by the GNCTD on 15.06.2015 was shown frequently
on television, on all the channels at short interval, just to
get political mileage and to put other parties in bad light.
The advertisement mentions as under:
At first, our electricity bill used to be very high, it
used to run into many thousands of rupees and it had
become nearly impossible to run the household. Many
a times I used to cry alone, worrying about how I
would run the house with such expenses. Then the
government of Kejriwal was formed and he became the
chief minister. The first thing that he did was to reduce
the water and electricity bills. The bill of this last
month was only a thousand rupees; it is unbelievable,
we were so happy! For us Kejriwal has been a real
help.
Other governments used to say that there was no
money, then how is it that Kejriwal has the money?
Actually, Kejriwal has removed corruption from Delhi
and whatever money was left, he used it to reduce our
bills. Every day we watch the TV and it feels like all
corrupt people have gathered there. Everyone is after
Kejriwal, every day they say an absurd something or
the other about him, I get so angry at these people.

They cannot do anything themselves, they are just

after Kejriwal. Every day I pray to God that Lord,
please keep Kejriwal safe and sound. Let us all
together support Arvind Kejriwal and pledge that we
will neither take nor give bribes.
A copy of the transcript along with a copy of the CD
containing advertisement dated 15.06.2015 issued by
Delhi Government Annexure C (from page nos. ___ to
______).
6. The recent advertisement of 01.27 minute duration issued
by the GNCTD on 09.07.2015 is being advertised rampantly
on television at short interval, bearing the tagline wo
pareshan karte rahe hum kaam karte rahe, that is, they
troubled us but we continued with our work. The
advertisement mentions as under:
They troubled us but we continued with our work.
Despite conspiracies by corrupt, Kejriwal government
has achieved milestone.
Excerpts of the speech by Manish Sisodia, Delhi
Assembly: Honble Speaker, I hereby present the
budget for the financial year 2015-2016 before this
House.
First time in this country, education budget has been
doubled. Childrens in Delhi will get quality education.
Health budget increased to one-half. Government

hospitals in Delhi will be renovated. Lack of transport

and problems like pollution will be resolved. More
than 10,000 buses will fly on Delhi roads. Marshalls/
security will be deputed in buses for women safety.
Colonies will be regularized. Electricity bill reduced to
half. Water bill waived. Free wi-fi in colleges and
villages. More than one lac of new employment for
youth. Value of farmers land increased six times.
They troubled us but we continued with our work.
This is the promise by Kejriwal government, what we
said, we did.
Delhi Government
Aapki Sarkar
A copy of the transcript along with the CD containing
advertisement dated 09.07.2015, issued by GNCTD is
annexed and marked as Annexure D (from page nos. ___
to ______).
7. The advertisement issued by the GNCTD would show how
the party in power could waste public money by allocating
22 times more funds for advertisement just to espouse its
own cause and to create glorification of the government and
its leaders. It portrays a case for clear derogation and wilful
violation of this Honble Courts order not only in letters but
also in spirit.

Willful disobedience of this Courts order by the State of

Tamil Nadu:
8. That the State of Tamil Nadu published advertisement dated
26.05.2015, 30.05.2015, 02.06.2015 and 04.06.2015 on
completion of four years of tenure in almost all leading
newspapers bearing photograph of the chief minister of the
state. The advertisement ran into two full pages referring
the chief minister as revolutionary leader etc. glorifying the
government and the chief minister. Such advertisements
have the tendency to create personality cult by projecting
the political leader and party in power for their own political
benefit at government expenses. The advertisement running
into more than two full pages including the front page,
mentions the chief minister of the state as a revolutionary
leader, hoping that her four glorious years in power will
ensure that the electorate extends Ammas rule forever
clearly establishing the fact that the advertisements have
been issued for political glorification and mileage at
government expenses. A copy of the advertisement dated
26.05.2015, 30.05.2015, 02.06.2015 and 04.06.2015 issued
by the State of Tamil Nadu is annexed and marked as
Annexure E (from page nos. ______ to ______).

9. The

aforementioned

government

advertisements

have

violated and contravened the recommendations of the court

appointed committee, duly accepted and approved by this
Honble Court. Such advertisements have been issued
merely to get political mileage for the party in power, to
create political rift and to show the other party in bad light.
Therefore, states through their advertisements have not
only violated the directions issued by this Honble court in
letters but also in spirit.
In view of the abovementioned facts it is respectfully
submitted that this Honble Court may be pleased to:

PRAYERS
a)

Initiate

contempt

contemnor/respondents

proceeding
for

against

willfully

and

the

alleged

deliberately

disobeying the direction of this Honble Court vide

judgment dated 13.05.2015 passed in the aforementioned
Writ Petition;
b)

Pass any other or further order/s as this Honble Court

may deem fit and proper in the facts and circumstances of

the case.
(Prashant Bhushan)

Counsel for the Applicant

Drawn by: Govind Jee, Adv.
New Delhi
Dated: