Bombay HC directs state to form committee to prevent misuse of public funds on govt Ads

The Bombay High Court has directed the Chief Secretary of Maharashtra to ensure adherence to the Supreme Court's guidelines regarding the use of public funds for advertisements. The ruling underscores the necessity for accountability and transparency in government advertising practices, aimed at preventing misuse for extraneous purposes.

Case overview

The Editors' Forum brought a petition against the State of Maharashtra and its agencies, alleging noncompliance with Government Resolutions (GRs) issued between 2001 and 2015. These resolutions outline protocols for the distribution of governmentfunded advertisements, designed to eliminate favouritism and ensure responsible use of public funds. The petition contends that government entities have been flouting these rules by distributing advertisements to nonapproved media outlets and bypassing the established rotation policy meant to give equitable opportunities to all registered publications.

Petition Highlights and Legal Grounds

Allegations of Misconduct

The petition alleges that advertisements were released without the necessary consultations with the Directorate General of Information and Public Relations (DGIPR). Nonapproved creative agencies and media channels have reportedly received government advertisements, compromising the integrity of the advertising process. Key agencies implicated include the Bombay Municipal Corporation (BMC), CIDCO, MHADA, and MIDC.

Petition Requests

The Editors' Forum is seeking a mandamus, compelling Maharashtra’s government bodies to fully comply with the established GRs.The petitioners have also called for the formation of a commission to investigate the alleged violations and take action against responsible parties mismanaging public funds.

Reliance on Supreme Court Precedent

The arguments presented are reinforced by previous Supreme Court cases such as Common Cause vs. Union of India (2015) and Centre for Public Interest Litigation vs. Kewal Kumar Sharma, which stressed that public funds should not be exploited for politically motivated advertisements. These rulings recommended the establishment of a threemember oversight body to monitor government advertising; however, Maharashtra has failed to maintain such a committee since the onset of the pandemic.

Court’s Response and Directions

In light of the petition, the Bombay High Court has mandated that Maharashtra’s Chief Secretary establish a three member committee to oversee compliance with advertising GRs by December 14, 2024. The committee members must possess "unimpeachable neutrality and impartiality” to ensure effective oversight. Additionally, the court has instructed the state to ensure that all advertisements conform to the guidelines set out in the Common Cause case, preventing the misuse of public funds for political gain.

Compliance Check and Next Steps

The court has scheduled a follow-up hearing on December 16, 2024, to review the compliance status of Maharashtra’s government with the established guidelines. The Editors' Forum has been granted permission to submit additional affidavits detailing any further violations they observe prior to this date.

This ruling places substantial accountability on the Maharashtra government to implement robust advertising oversight, safeguarding against the misuse of public resources while reinforcing the need for transparency in government communications.