HC directs State to set up panel to curb misuse of government funds on advertising

The Bombay HC ordered Maharashtra to form a three-member committee to ensure compliance with government ad policies amid alleged violations and misuse of funds.

MUMBAI: The Bombay high court has recently ordered the Maharashtra government to set up an independent, neutral three-member committee to oversee compliance with advertising policies for government advertisements.

HC directs State to set up panel to curb misuse of government funds on advertising

The order came on a petition filed by the Editors’ Forum, which alleged widespread violations of state guidelines by various government agencies, leading to a misuse of public funds.

The petition centres on alleged violations of several Government Resolutions (GRs) regarding the issuance of government advertisements to print and electronic media. The GRs in question, issued by the Maharashtra General Administration Department in 2001, 2008, 2009, and 2015, detail policies intended to ensure fair distribution and transparency in advertising practices.

The Editors’ Forum asserts that state entities, including the BMC, CIDCO, MHADA, and MIDC, have disregarded these guidelines by improperly awarding advertisements without the necessary approvals, bypassing the Director General of Information and Public Relations (DGIPR) empanelment process, and involving non-approved creative agencies. The forum also claims that certain advertisements were released to unapproved newspapers and channels, contrary to the rotation policy established for fair distribution.

Representing the Editors’ Forum, advocate SB Talekar argued that the continued violations not only waste public resources but also undermine media fairness and transparency. Talekar referred to Supreme Court rulings, particularly in Common Cause v/s. Union of India, which set guidelines to prevent misuse of public funds for government advertising, especially where there may be political motives. He said the Supreme Court decision necessitated setting up of a neutral committee to oversee adherence to advertisement policies and ensure the nonpartisan use of public funds.

A bench comprising justices MS Sonak and Jitendra Jain directed the Maharashtra government to establish the three-member committee by December 14. The court expressed dissatisfaction with the current lack of oversight, noting that although a committee had been previously formed in 2018, it became non-functional after the COVID-19 pandemic. The court stated that there was no valid justification for the absence of such a body and emphasized on Supreme Court’s judgment which mandates all states to create such a committee to monitor public advertisement practices.

The high court also directed Maharashtra’s Chief Secretary to personally ensure compliance with this order. It further instructed that all government bodies, including BMC, CIDCO, MIDC, MHADA, and other respondents, strictly follow the Supreme Court’s guidelines in issuing advertisements. The court underscored that any violations observed between now and the next scheduled hearing on December 16, could be reported in an affidavit by the Editors’ Forum for further examination.