BELLE RAVIVARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner - a law student - has filed the above public interest litigation, seeking a writ of certiorari declaring the advertisements issued by the respondent herein carrying the name and photograph of Mrs. Sonia Gandhi, as unconstitutional, illegal and void and also seeking a writ to forebear the Union of India and all its instrumentalities from issuing advertisements for whatsoever purpose, carrying the name and the photograph of Mrs. Sonia gandhi, and to issue a mandamus to the respondent-Union of India to initiate an enquiry and fix the responsibility of the persons who are responsible for issue of such advertisements, direct the expenditure incurred in issuing the advertisements to be recovered from the person responsible for issue of such advertisements in all the newspapers, electronic media etc. An interim prayer is also made seeking issue of temporary injunction to restrain the union of India or/and all its instrumentalities from issuing any advertisements carrying the name and photograph of Mrs. Sonia Gandhi.

(2.) WHEN the matter was moved for admission, this Court raised an objection as to whether the power of judicial review conferred under Article 226 of the Constitution of India be exercised by this Court against publishing of the name and photograph of mrs. Sonia Gandhi - a sitting Member of parliament - in all the advertisements being published by the Union of India or/and its instrumentalities and whether a writ can be entertained or issued in this regard against an individual - Mrs. Sonia Gandhi ?

(3.) SRI Ravivarma Kumar, learned Senior counsel appearing for the petitioner, immediately came forward to delete the name of mrs. Sonia Gandhi, who was initially arrayed as second respondent to this writ petition. Accordingly, the counsel on record deleted the name of Mrs. Sonia Gandhi as a party respondent in this writ petition.