"Targeting One Party...": Supreme Court Junks Tamil MP's Plea, Fines Rs 10 Lakh

In a big win for Tamil Nadu's ruling Dravida Munnetra Kazhagam, the Supreme Court Wednesday afternoon set aside a Madras High Court interim order barring the use of Chief Minister MK Stalin's name to launch welfare schemes launched and run by his administration.

The ruling is significant because Tamil Nadu will hold an Assembly election next year, with the ruling DMK and its ally, the Congress, pitted against its arch-rival, the All India Anna Dravida Munnetra Kazhagam and its found-again partner, the Bharatiya Janata Party.

Not being able to link the party boss to its welfare measures, like the BJP at the centre and the AIADMK when it was in power, would have hampered the DMK's re-election bid.

Meanwhile, a bench led by Chief Justice BR Gavai also reprimanded AIADMK MP C Ve Shanmugam - for a petition "targeting one party (i.e., the DMK)", having the "audacity to castigate the Election Commission", and using the court to settle political disputes.

Mr Shanmugam was told to pay Rs 10 lakhs to the state to cover legal costs from his petition. He was told to make the payment in a week or face contempt of court charges.

The state government was told to use the money to help the underprivileged.

"The launching of schemes in the name of political leaders is a country-wide phenomenon... the state of Tamil Nadu has provided at least 40 such examples..." the Supreme Court said.

The court said it would not name these examples "to avoid embarrassment".

"But we do not appreciate the anxiety of the petitioner (to argue) against only one particular party," the court continued, also criticising Mr Shanmugam for not giving the Election Commission time to rule on his complaint before rushing to the Madras High Court.

"He had the audacity to castigate the Election Commission... the courts should not be used to settle political disputes. The petition was an abuse of the law," Chief Justice Gavai said.

During the hearing senior advocate Mukul Rohatgi, appearing for the state government pointed out no earlier judgements barred schemes from being named after political leaders.

Tamil Nadu Chief Minister MK Stalin (File).

Senior advocate Abhishek Singhvi, also appearing for the DMK, pointed out past instances in which the AIADMK used the word 'amma', referring to former Chief Minister J Jayalalithaa, to promote various schemes.

Last week the High Court restrained the state government from using any living person's name or likeness to either front existing or future public welfare schemes. The court also prohibited the use of portraits of former DMK chief ministers and senior leaders.

The court was responding to a PIL, or public interest litigation, filed by Mr Shanmugam over the use of the Chief Minister's name in the 'Ungaludan Stalin' outreach programme. It also said its ruling would preclude the poll panel from deciding on Mr Shanmugam's petition.