The Union Government
on Tuesday opposed in the Supreme Court the framing of guidelines on regulating
its advertisements, saying this did not fall under the ambit of judicial review
as an elected dispensation was answerable to Parliament.
The government also advanced
the argument as to how the court could decide which of the advertisement has
been issued to gain political mileage.
 |
| File Picture : Mukul Rohatgi |
Attorney General
of India (AG) Mr. Mukul Rohatgi, appearing for the Centre, said, "these are matters which should be left to the government and are
outside the purview of the courts. The government communicates to the public at
large through these advertisements on policy and other matters."
He was opposing to
the submissions of Prashant Bhushan, who representing the petitioner had contended
that there should be an ombudsman to regulate misuse of public money by the
government of the day by giving advertisements to gain political mileage.
"The
government expenditure is subject to whole lot of parliamentary procedures and
each penny is accounted for and is subject to the audit of the CAG. This is not
a case akin to the Visakha case where the courts can step in,"
Mr. Rohatgi said.
Giving several
instances, he said it would amount to "pre-censorship" as it is
difficult to judge which of the advertisement is being given to gain political
mileage. "Today, we have the
swine flu campaign going on across the country. Do we suggest that these
advertisements should not contain the pictures of the health minister or health
secretary etc. It cannot be said this (advertisement) is given with malafide
intention," he said, adding that every government department was
entitled by Parliament to spend a particular amount under a particular head.
"The
government expenditure is subject to whole lot of parliamentary procedures and
each penny is accounted for and is subject to the audit of the CAG. This is not
a case akin to the Visakha case where the courts can step in."
"On
what basis, you will decide that it is malafide and is being given to gain
political mileage. Ultimately, the government is answerable to
Parliament," Mr. Rohatgi asked.
A Bench of the Apex
Court comprising of Justice Ranjan Gogoi and Justice Pinaki Chandra Ghose,
which reserved its verdict on various pleas on the issue, said it would
consider submissions of all parties concerned including the Union Government.
