LAWS(DLH)-2018-2-112

AJAY GAUTAM Vs. PRESS COUNCIL OF INDIA

Decided On February 26, 2018
AJAY GAUTAM Appellant
V/S
PRESS COUNCIL OF INDIA Respondents

JUDGEMENT

(1.) The petitioner, who claims to be a "priest doing his practice in accordance with Sanatan Dharam" has petitioned this Court, in public interest, venting his ire principally against the "Hindustan" and M/s. Reliance Industries Ltd. (hereinafter referred to as "RIL"). It may be immediately noted, here, that though the "Hindustan" has been arrayed as Respondent No.3 in these proceedings, the RIL has not been so arrayed.

(2.) The gravamen of the petitioner's grievance, qua both these entities is, however, substantially similar. The petitioner is aggrieved by the practice, being followed by the "Hindustan" and by RIL, of displaying the names, images and photographs, of high constitutional functionaries such as the President of India, the Prime Minister of India, the Home Minister, the Chief Minister, etc., in private advertisements, thereby conveying a misleading impression, to the public, that the product/products being advertised are endorsed or supported by the said functionaries. He has cited specific examples in this regard. It is stated that, on 20th February, 2016, an advertisement was published, by Mr. Kumar Swami and Mr. Arun Govil, the President and General Secretary of an organization known as the "Bhagwan Shree Lakshmi Narayan Dham", which contained photographs of the President of India, the Prime Minister of India and the Chief Minister of Himachal Pradesh, with their messages, and showed Mr. Kumar Swami conferring the "Brahmand Rattan Award" to the President of India. He claims that, on enquiry with the President's Secretariat as well as the Office of the Prime Minister, he was informed that no such award had actually been conferred on the President of India by Mr. Kumar Swami and that no such letter had been issued to Mr. Kumar Swami either.

(3.) He has also referred to other such advertisements, all of which figured in the "Hindustan"