People Union for Civil Liberties vs The State of Rajasthan

We have heard Ms. Kavita Srivastava and Mr. Ashok Kumar appearing in person.

This writ petition has been taken on board on an urgent motion made by Ms. Kavita Srivastava to hear the writ petition (PIL) urgently as the subject scheme namely, ''Bhamashah Yojna'' is proposed by the State Government of Rajasthan to be launched tomorrow on August 15th, 2014.

By this writ petition, purportedly filed in public interest, the People Union for Civil Liberties, Rajasthan Unit has prayed to direct the State Government to stop the print of the photo of the Chief Minister of the State of Rajasthan on the Smart Card under the ''Bhamashah Scheme'', providing for use of the monetary benefit of, on the entitlement of the family, of the Public Welfare Schemes for employment and self dependency, by direct cash transfer to an account to be operated by a lady member of the family. The Scheme provides for opening an account in the name of senior most nominated lady member of the family, in which the entire benefits of the entitlement of the family of the public welfare schemes are proposed to be transferred, to be operated by such lady including cash equivalent of the entitlement under the National Food Security Act, where food entitlement cannot be provided through the P.D.S. Scheme, payments under MGNREGA, scholarships, pensions etc.

Ms. Kavita Srivastava appearing for the petitioner submits that the People Union for Civil Liberties is not against the merits of the Scheme nor does it have any quarrel with its objects, which serves the salutary purpose of women empowerment, in as much as the scheme seeks financial independence of the ladies by ensuring the cash transfer of the entitlement of the family, in an account to be operated by the lady in the family. The objection is to the photo of present Chief Minister of the State on the Smart Cards to be issued to the ladies of about fifteen million families for operating the account.

It is submitted that printing of the photo of the Chief Minister, is for a political purpose. In a democracy, the political personalities should not be allowed to advertise their persona by putting their photos on the identity cards, booklets, posters, banners at public expense. It is submitted that the printing of her photo on about fifteen millions Smart Cards will have an impact on the outcome of the elections to the Local Bodies to be held in the State after a few months from now.

The writ petition has been filed by the People Union for Civil Liberties, Rajasthan. We do not find reference any resolution of the People Union for Civil Liberties, Rajasthan Unit a registered society in the writ petition nor the petitioner has annexed the Charter/By laws/Memorandum of Association of the petitioner society to maintain the writ petition for such a cause. We also do not find that the cause espoused in the present writ petition has any connection with the civil liberties of the common man. When there is no challenge made to the object and purpose of the scheme which aims at women empowerment, included in the agenda of all political parties, serving constitutional goals, of having equality of status in society, the printing of the picture of the Chief Minister, who has initiated the programme does not appear to infringe any law, or for that matter the cause for which the petitioner society was established. The petitioner has not cited or referred to any exemplar in decided cases in which the use of the name or printing of picture of any political leader has been held to violate any of the rights of the citizens of the country. On the contrary the use of names of social political and spiritual leaders in the public welfare schemes, banners, posters, putting their status, and naming streets is an accepted norm in our country with its rich cultural heritage.

The Peoples Union for Civil Liberties is not known to have espoused any such cause in the past in any Court including the Supreme Court in which it is contesting many issues of substantial public importance including the right to ford for the people of India. The printing of the picture of the Chief Minister of the State on the Smart Card does not offend any of the rights of the people to be allowed to be enforced through a writ petition filed in public interest. In this case we are not satisfied with the cause, and find that the prayers in the writ petition are wholly frivolous and do not serve any public interest at all.

The writ petition also fails on the test of guidelines of a valid public interest petition, laid down by the Hon''ble Supreme Court in case of State of Uttaranchal Vs. Balwant Singh Chaufal and Others, , in paragraph 181(5) (6) and (7) of the judgment, quoted as follows:

"181. We have carefully considered the facts of the present case. We have also examined the law declared by this court and other courts in a number of judgments. In order to preserve the purity and sanctity of the PIL, it has become imperative to issue the following directions:-

(5) The court should be fully satisfied that substantial public interest is involved before entertaining the petition.

(6) The court should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions.

(7) The courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation."

For the aforesaid reasons, the writ petition is dismissed in limine.