High Court Document on AAP Government Ad Spending

8/20/2019 High Court Document on AAP Government Ad Spending

1/33

,'

TN

THE HIGH COI]RT

OF

DELHI AT NE,IV

DELHI

w.P.(c) No.6702

OF

20ls

IN THE

MATT.ER

9F:

AJAY MAKEN

VERSUS

TINION

OF

INDIA

&

ANR.

NEW

DELHI.

DATED:

03.08.2015

.

.

.

PETITIONER

, . .RESPONDENT

N.D.O.}I.

:

05.08.2015

(RANI

^rlJ

DTJGGAL)

Standing Counsel

(Civil)

for GNCT of

Delhi.

423,

Law

r,'er'

s Chamber,

Delhi

High Court,

1.1"*

pcilhi-

I 10003

Mob.

lr',

t.

:9212008425

PARTICULARS

AFFIDAVIT

ON BEHALF

OF

RESPONDENT

NO.

2

ANNEXURE.A

COPY OF PRINT

MEDIA

ADVERTI SMENT EXPENDITURE

ANNEXURE-B

(COLLY.)

COPY

OI.

ELECTRONIC

AVERTI

SEMENT

EXPENDITURE

ANNEXURE-C

COPY

OF

CLIPPINGS OF VARIOUS

NEWSPAPERS


2/33

IN

THE

HIGH

COURT

w.P.(c)

OF DELHI AT

NO.

6702 0F

NEW DELHI

20

15

IN THE

MATTER

OF:

A"IAY

MAKEN

UI{IION

OF

INDIA

&

ANR.

PETITIONER

VERSUS

RESPONIlETTTS

Ab-I-IDAVIT

ON BEHALF

OF

RESPONDENT

NO.

2.

I,

M.C.

Maurya

aged

about

58

years,

working

as

Dy.

Directorf

F{ead

of

Office,

Directorate

of

Information

and

Publicity Block

No.

9,

OL1

Secretariat,

Delhi-

1

1

0054,

do

hereby

solemnly

affirm and

der:lare as

under:

1. I

say that

I

am

working'

as Dy.

Director, Drrectorate

of

Information

and Publicity

and

conversant

with tl--.e

facts

amd

of the

present

case

and

as such conlpetent to

'ay

that

I

have

perused

the

petition

Synopsis,

Lisi

of

dates and the

petition

unless

the

contents

of

the

salne

a-re

hereunder.

under reply and

the

are

wrong

and

denied

specifically admitted

3.

I

say

that in

terms

of

order

dated

29th

July,

2015

passed

in

the

aforesaid

matter,

this

Honble

Court

qua

respondent

no.

2 is

now placed

to

pass

two

fold

directions

namely

to file

response

b1r

Jro

Augusc,

2015 meeting

all

the

a-llegations

:rlrade

in

the

petition

and

to furnish

the

detail

of

the

amount

spent

and

the

1


3/33

tu

t

Honble

Apex

Court,

as

such

the

petition

under reply

is

rnisconceived

qua

the

answering

respondent.

PRELIMINARY

SUBMISSIONS

1.

That

it is

g.,ertinent

to

mentiqn

herein

that vide

order

dated

15.07.2oL5

this

Honble

court

had

directed Respcndent

No.

t

herein

to file

an

a-ffidavit

stating

the

steps taken for

the

implementation

of

the

Government

Advertisem;,nt

(Content

Regulations)

Guidelines,

2014

however

the

Respondent No.

1

failed

to

file

the said

affidavit.

h:rsuant

thereto vide

order

dated

29.07.2015

this Honble

Court

directed the

answering

respondent

to

file

its

response

meeting

al1

a11eg,:.t.ons

made

in

the

petition

and

also

directed

the

answering

respondent

rnish

details

of

the

amount

spent

and

the

source of

iture

for the

Government advertisements

by

print

nic media

after

13.05.20

1

5 as th,:r

an,swering

ent

is filing

the

present

affidavit.

2.

That

the petition

under

reply

is prematureas

the

three

member

body

as

directed

to

be

constituted.

by

the

Honble

Apex

court

vide

its

judgment

dated

13.0s.20

i5

would

be

the

appropriate

forum

to

implement

the

directions/guidelines

iaid

down by

the Honble

Apex

Court.

.

It is

submitted

that

this

Honble

court

und.e

r

writ

jurisdiction

cannotadjudicate/give

directionsor:r.

.

:attsrsfor


4/33

&

which

a

machin

ery

f

mechanism

has

been

st.ipulated

as

such

the

petition

under

reply

is

liable

to be

dis

missed with

exemplary

cogts.

3. That

it

is

pertinent

to

mention

herein

that the

Delhi

Government launched

the

'Anti-

Corruption

Hclpline

103

1

'

campaign

with

the

photograph

of

Honble

Chief

lvlinister

of

Delhi

in

outdoor

media

such

as BQS,

Public

utilities,

Unipoles,

Bill Boards,

Railway

Bridge

Panels, Metro Train

inside

Panels,

Live

media

Screens.

The

said

campaign

was

mourrted

on outdoor

media

owned

by

sole

cr)ir^esSioners

and approved

media

by

DAVP

for

a

period

of

15

days with

effect

from

06th

Aprii

2015

to

21"t

April

2015

witkr.

05

days

bonus display

upto

26Lh

April

20i5. while

o1r,

Rent

Free

-

sites

-it

was

mounted for

a

period

of

one

molrth

starting

Lrj

::

: /.i lt.l

,:,1.'

/

il

, \

ii'l

i,

li

miltto

Train

inside

for

a

per,iod.

of

one month

and

Live

med.ia

*

l-'

f

i

.;,).

. -:j',1/

\5gt i'6creens

for

one

month.

It

is

submitted

that

the

entire

media

was

released

at

DAVP

rates,

with

the

approval

of

competent authority.

The

campaign

finally

culminated

on

1Oti,

May

2OIS.

The

campaign

was

mounted

on

800

Rent Free

sites

80

Public

Utilities

1)

)\

5


5/33

3) 25

BQS

NDMC

area

4)

50

BQS

Ring

road

5)

50

BQS

Outer'Ring

Road

west

6)

25

BQS

BRT

Corridor

from

Delhi, East

Delhi

Delhi

Gate

to

Ambedkar'

Nr

Termina-l

7) l17

,50%

added

va1ue

BQS

8)

50 Display

Boards/

Metro Bridge

Panels

lunipoles

g)

Live

med.ia

-

1

ooc screens

in

sa-far

stores,

ccD,

MTNL,

McDonald

stores

etc

36

times

a'daY

10)

MetrO

Train

inside

Panels

in 31

trains

(covenng

entire

Delhi)

It

is submitted.

that

pursuant

to

the

judgment

of the

Hon'lcle

Apsx

Court

dated.

13.05

.2Q15

wherein

restrictions

the

placed

on

the

publication

of the

photographs of

Government

functionaries,

and

political

leaders,

a

TVC

prepal'ed

b5r

Delhi

rnment

with the

photographs

of

Honble

Chief Minister

telecast

w. e,f.

1 5-

1

6

I

OS

I

2OI5

.

he

orders

of

the

Honn'

Ie

SuPrerne

Court

De1hi,

the'

government

has

not

spent

a

single

penny

from exchequer

on

photograph

of

any

government

functionary

:

on

governmgnt

advertisements/campaigns

which

waS

released

thereafter.

4.

That

it

is

further

submitted

that

the

answering

re:spondent

has launched

an

outdoor

media

campaign

on

Anti-Corruption

n

sssqili


6/33

ryd

campaign

Fart-II

to

n:ount

on outdoor

mode

of

mt:dia

slrch

as

Bus

Qr.reue

Shelters,

Public

utilities,

Unipo1es,

rrrsll

wraps,

display

boards,

metro

brid,ge

panels, metro

train

inside

panels,

LED

screens

I

Lwe

media&

rent

free

sites

for

a

period

of

15

to

30 days

w.e.f.

23.05.2015

to

22.06.2QI5

with

bc.'nus

rnedtaf

add

on

med.ia

which

was

released

on

DAVP

rates

and

committed, expend.iture

incurred

on the

above

media

is

approximately

Rs.

3 Crores.

Further

a campaign

was

released

on

increaseo

uuciget

on

Ed.ucation

arld

Health

was

launched

for

a

period of

15

-30

days

with

add

on

media/bonus

daysin

the

outdoor

media

in

ad,dition

to

mobile

media/

LED

screens

/

dhallows

for

information

of

ctttzens

w.e.f.

10.07.2OI5

to

09.08.'.2015

and

an

.

expenditure

of

Rs.

4.5

crores

was

incurred

on

the

riame'

he

demise

of

the

formel

President of

lKqlqrn the answerins

rr:snondent

il-i .,

.:-+rryrf.f,

uL. ,\rv r\vsqr

Ka1am,

the

answering

rr:spondent

ti:

'

.-

a

period

of

15

daYs

in

atrl

rent

free

rented

media

for

a

P.r:riod

of

15

days

as a

mark

of

respect

for

the

departed

leader.

It

is

submitted

that

the

ongoing

campaign

which

is

likely

to

culminateon

09.08.2015

on

rent

free

sites

was

renloved

and

the

campaign

to

pay

homage'

to

Dr.

Kaiam

was nounted

within

the

same

amount

of moneyas

mentioned

above

on

hired

med.ia

such

as

rent

free sited,

metro

feeder

br:.s,

i.e.

mobile

0

-

media,

inside

panel of

metro

train

and LED

sct:eens

of which

only the

expenditure

of mounting and

printing

ilex

charges

1

'


7/33

0

etc.

would

be

paid additionally.Apart

from

the

above,

the

media

which

was

hiredfor

15

daysfor

the

ongoing

campaign

was removed

due

to

the

demiseof

Dr.

Kalam

and

some

of

the

rented

med.ia

for

informing

citizens

was

hired

for

a

period

of

i5

days

such

as

public

utilities,

bus

queue

shelters,

metro

bridge

panels,

display

boards, bicycle

stands

etc.

in

a

iimited

number

and

expenditure

on

entire

med.iawould

be

al,pi

oximately

Rupees

1.2 crores.

5.

That

as

per

official.

records

the

details of

amount

invoived

on

Print

Media

of Government

advertisement

aft,:r

13th

May,

2Of

5

till

rlate

is sum

of

Rs.

2,19,75,8781-

and

the details

whereof

are

given

in

ANNEXURE

'3A"

hereto

and

that

o11

Electronic

med.ia

comes

to Rs.

LI,43,48,78I

l-

and

the

details

.^\

\3")

ver,

till

date

no

payment from

the

Government

Funds

'\

has

been

made.

Since

in

terms of

the order

dated

29th

Ju1;,

f

015

this

Hon'Jrle

Court

has

directed

the

Respondent

No.

2

to

furnish

the

detail of

arnount

with

regard

to

print

and electrorr.ic

media,

only,

however,

in

all fairness

it is

re

levant

to

bring

to

the

notice

of

this Honble Court that besides

tht:

print

and

electronic

media

the

'outdoor media'

is

other way

for

publicity

and

whereon amount

worth Rs.

8,70,00,000/-

is 'committed

8::

: i.,,rl

rt:

rTZ


8/33

liability'to be

paid

after

processing

of

the

bills.

TL^rs

the

gross

total

arnount

with

regard

to

the

print,

electronic

media and

also for

outdoor

publicity

colrres

to

Rs. 22,33,24

,659

I

- for

which

the

source

of

paJrment

is

from

Government

Advertisement

Funds

earmarked

for Depa.r'tin

ent of

information

and

publicity.

PARAWISE

REPLY

1.

That the

contents

of

the

para

under

reply are

:

wrong

and

denied

aud

the contents

of

the

Preliminary

Sub.inissions

are

reaffirmed and

reiterated.

It is

reiterated

tha1.

the

petition

und.er reply

is not

public

interest

litigation

but

tl'e

same

is

:i

"'t';t'1;And

is

actua-lly

meant

to

settle

poiitica-l scores

as such

the

petition

under

reply is liable to

be

dismissed

with

exemplary

costs.Rest

of

the

contents

are denied

for

want

ol'k.,rowledge.

However

assuming that the

,petition

of

the

petitioner

was

rejected

by the Honble Apex Court, the

Petition.er

herein

can

approach

the Honble Apex

Court

by

way of

contempt

proceedings,

as such in view

of the above, the

present

petition

is

liabie

to

be d.ismissed

with

exemplary

costs.

2.

That the

contents

of

the

para under reply

are v/rong

and

denied.

o

-/

i'-='*t:i

^


9/33

s;

p

3.

That

the

contents

of

the

para

u.nder

reply

are

wrong

and

denied

and the

contents

of

the

reply

are

re &J'i^

me

d

and

reiterated.

It

is

reiterated.

thatthe answering

respondent

has

vide

the

alleged

advertisements

spread

awaren(iss

about

r

governmgnt

policies,

programmes,

activities,

achigvements,

services

and.

initiatives

amongst

the

public, as such

it

is

1

wrong and

cienied

that

the

answering

respondent

is

misusing

public

funds

for

advertisements

aimed

at

glorificationas

such

the

petition

under

reply

is

liable

to

para under

replY

are

wrong

and

5.

That

the ccntents

of

the

para under

reply

are

wrong

and

d.enied

and

the

Petitioner

maybe

put

to

strict

proof

about

the

same.

It

is

reiterated

that

the

petitioner

does

not

have

the

locus

to

institute

the

present

petitionas

n:'

element of

pubiic interest

in invoived

in the

present

petition

which

is

politically

motivated.

and has

been

filed

in

the

guise

of

pubiic

interest

to

settle

politicai

scores

as

such

the

petition

und.er

reply

is

liabie

to

be

dismissed

with

exen:p.rry

costs.

"Afanexrtre

C"

filed

herewith

are

clippings

from

newspaper5

wherefrom

it

is

evid,ent

that

it

is

blatant

violati,ln

of the

guidelines

iaid down

by

the

Honble

Supreme

Courtr

4

orrr.ut

voL;t)

c^

va---

Petitioner

with

an obiique

pr-r


10/33

w=

f\rsq"*'

brought^

in

view

of

this

Hon'ble

Cor-rrt

which

hows

the partisan

bend

of

mind

of the

petitioner.

SA.That

the

contents

of

the

para

under reply

arn

wrong

and

denied

and

the

contents

of

the

reply

are reaffirmed

and

reiterated.

It

is

reiterated

that

the

judgrnent

of

the

I{onble

Apex

Court

is

misquoted

by the

petitioneras

the

same is

nqt

applicable

to

the facts

and circumstances

of the ie

se.

6. That

the

contents

of the

para

under reply

are

v,.rong

and

denied

ar:d

the contents

of

the

reply

are

reaffirmed

and

reiterated.

It

is

reiterated

that

the

petition

ur cer

reply

is

premature

as

the

three

member

body

as

directecl

to

be

answering respondent

is

violating

the

Guid.elines

stipulated

by

the

Honble

Apex

court.

Rest

of

the

contents

a=re

wrong

and

denied.

7.

That

the

contents

of

the para

under

reply

are wrong

and

denied

and

the

contents

of

the

reply

are

reaffirmed.

and

reiterated.It

is

submitted

that

the

answering

respond,ent

has

not

violated

the

Guid.elines

laid

down

by

the

I{onble

Apex

court.

It

is

lurther

submitted

that

this

Honble

court

under

writ

jurisdiction

cannot

adjudicate/give

directions

on

ll

rf


11/33

matters for

which

a machin

ery

f

rnechanism

has

been

stipulated.

as

such the

petition

und.er

reply

is. liable

to

be

dismissed

with

exemplary costs.

Further

it

is

merely

the

perception

of

the

petitioner

that the

answering

respondent

is violating

the

Guidelines

laid down

by

the

I-Ionble

Apex

Court.

It

is

submitted

that

the

answering

responclent

is

bound

to

implement

the

Guidelines

laid

down

,

by

the

Honbie

Apex

Court

and

the admission

by the

Petit,ioner

that

the advertisements

were modified

by

the

answering

respondent

to

the

extent

that the

photograph

of

the

Chief

Minister

-\^/as

replaced with his name is indicati're

of

the fact

that

the a-riswering

respondent

has

upheld

the

judgment

of

the

Hon'bie

Apex

Court

in letter

and

spirit.

Re

'st

of the

:

ntents

are

wrong

and

denied,

reply

do

not

pertain

position

to

respond

salne.

9.

That

the

contents

of

the

para

under

reply

are

vr'rong

and.

denied

and the

contents

of the

reply are

reaffirmed

and

reiterated.

It

is

submitted

that

the

answering

respondent

has

not

violated

the

Guidelines

laid

down

by the

Hon'ble

Apex

Court.

It

is

r.vrorrg

and

denied

that

the

advertisements

regularly

aired/published

by

the

answering

respondent

only

seek

to

glorify

the

chief

Minister

of Delhi

and

ir.Lu

pa.rty

in

power

and

to

cast

a

negative

impression

of other

parties,

to

to

12,

j:

ri,.r,-aa;tri{8t

-\"- .}.,'*:i.;{,:

ii:i :.:iiit;


12/33

\5

critics

etc,

It

is

wrong

and

denied that

the

answering

respondent

is

misusing

public

funds

by

airing

and

publishjng

illegal

advertisements.

At

the

cost

of

repetition

it

is reiteratcd

that

the

petition

under reply

is

politically

motivated

as

the answering

respondent

has

vide the

alleged

advertisements

spread

awareness

about

government

policies,

prograrnmes,

activities,

achievements,

r;ervices

and

initiatives

amongst

the

public

as such the

petition

und

er

reply

is liable

to

dismissed

with

costs.Rest

of

the contents

are

wrong

and

denied.

REPLY

TO

BRIEF

FACTS

.

lhat

the

contents

.

Tha.t

the

contents

of

the

para

1

of

the

pa,ra2

need

no

need

reply,

reply.

o

That

the

contents

of

the

para3

need

no reply.

4-6.

That

the

contents

of

paragraphs

4 to 6

beir,g matter

of

record

needs

no

repIy.

7.

That

the

contents

of the

para

under reply

are

wrong

ernd

denied

and

the

contents

of

the

reply

are

reaffirmed

and

reiterated.

It

is

submitted

that

the

answering

respondent

has

not

violated.

the

Guid.elines

laid

d.own

by

the

Horrble

Apex

Court.

It

is further

submitted

that

it

is

merely

the

perception

of

the

petitioner

that

the

answering

respondent

is vic,iating

the

1a

IJ

v*---trF


13/33

t

'

Guid.elines

laid

down

by

the

Honble

Apex

Court.

It

is

subrnitted

that

the

answering

respondent

is

bound

to

'

,.

implement

the

Guidelines

laid.

down

by

the

Hon'ble

Apex

Court

a1d

the

admission

by

the

Petitioner

that

the

advertisements

were

modified

by

the answering

respondent

to

thc

extent

that

the

photograph

of

the

Chief

Minister

was

replaced

with

his

narne

is

ind.icative

of the fact

that

the

answerin.g

respondent

has

upheld

the

judgment

of

the

Honble

Apex

court

in

letter

and

spirit.

It

is

further

submitted

that

the

answering

respondent

has

vide

the

:alleged

ad.vertisements

spread.

4s731Bn::ss

about

government

policies,

programmes,

activities,

achievements,

,

ser-vices

and

initiatives

anongst

the

public,

as

such

it

is

wrong

ering

respondent

is

misusing

public

aimed

at

glorification

as

such

the

Ie

to

dismissed.

nts

of

the

Preliminary

submissions

.

are

reaffirmed.

and

reiterated.

It

is

reiterated

that

pursuant

to

wherein

restrictions

the

placed

on

the

publication

of

the

photographs

of

Government

functionaries,

and

political

leaders,

a

TVC

prepared

by

Delhi

Governmet:'(-

with

the

photographs of

Honble

Chief

Minister

which

was

released

for

telecast

on News

Channels

was

withdrawn

and

stopped

from

telecast

w.e.f.

15-16

lOSl2O15.

Pursuant

therqto

the

government

haS

not spent

a

single

penny

from

e tlcheqUer

on

tq

1A

r-r


14/33

ft

f5

photograph

of any

government functionary

on

government

advertisements/campaigns

which

was

released

therpafter.Rest

of

the

contents a-re

wrong

and

denied.

-

8.

That

the

contents

of

the

para

under

reply are

wrong and

denied.lt

is

submitted

that the

petitioner is

making

his own

presumptions and

perceptions

and

is

trying

to

nrrs;uide

this

Flon'ble

Court.

It is

wrong and denied

that

the

Directorate

of

Information

&

Publicity

has

been

approving

the

advertisements

on behalf

of GNCTD

without any

effective

analysis/study in

regard to

thp

expenditure

of tlre

proposed

commel'cia=ls/ad',,ertisements.

Rest

of the

cOntents

are

wrong

the cqntents

of

the

para

under

reply

are

wrong and

,i4ed.

and the

contents

of

Preiiminarv

Submissjons

and

the

.'

::'y'

--'

'

.'/

.,,

,,,

,''

reply

are

reaffirmed

and

reiterated and

are

not

being

repeated

herein for the sake of

brevity.

It is

wrong

and

denied

that

the

answering

respondent

has violated

the Advertising

Guidelines,

2OI4.

Rest

of

the'contents

are

wrong and

denied.

10.

That the

contents of

the

para

under

reply insofar

as

the

sarne

pertains

to

the

judgment

of the

Honble Apex

Court,

needs

no

coinments. Rest

of

the contents are

wrong

aad

denied.

1(

-t

-'


15/33

&,

tL

1 lA.

That

the

contents

of

the

par.a

under

rep)-,r

arre

wrong

and

denied

and. are

based

on

assumptioris

and

presumptions and

perceptionsof

the

Petitioner.

In

this

regard

the

contents

of

the

reply

are

reafirmed

and

reiterate,C and

are

not

being

repeated

herein

fo:

cl-.e

sake,of

brevity.

It is

denied

that

the

advertisement

aired

on

17

.06.2OI4 violated

the

Guidelines

stipulated

by

the

Honble

Apex

Court.Rest

of

the

contents

are

wrong

and

denied.

i 18.

That the

contents

of

the

pa;.a

under

repiy are

wrong

and

denied.

and

are

based

on

assumptions

ald

presumptions

and

perceptionsof

the

Petitioner.

Admittedly

.i-1ri

.

,

petition

the

advertisement

dated

24.06.2015

r

lights

the

policies and

achievements

and

highlights

the

--future

road map

in

the

field

of

education

by

the

ruling

p,arty, the

petitioner

is

presuming

that

the said

->/

advertisementviolates

the

Guidelines

stipUia

lr'rl

by

the

a,

Honble

Apex Court.

Rest

of

the

contents

are

wrong

and

denied.

1lC. That the contents

of the

para

under

repl'y

are

wrong

and denied

and are based

on

assumptions

and

prqsumptions

and

perceptiorls

of

the

Petitioner.

Admittedly

in the

petition

the

ad.vertisement

d

ated

QI

'Q7

.20

15

highlights the

policies

and achievements

in the

Health

1A

I\J

* ' - -


16/33

Sector

and

highlights

the

fact that

the

educatiort

budget

has

been

increased by

105%, the

petitioner

is

presuming that

the

said advertisement

violates the

Guidelines

srtii^ulated

by

the

Honble Apex Court,

Rest

of

the contents

are

wrong and

denied.

11D.

That the

contents

of the

para

under

repl"'.7

are

wrong

and

denied

a.nd

the contents

of

paragraphs 3 &4

of

the

Preliminarv

Submissions

are

reaffirmed

and reiterated.It

is

reiterated

that

pursuant

to the

judgment

of

the

Hon'lcle

Apex

Court,

the

photographs

of

the

Chief

Minister

were

withdrawn

immediatelv.

However it is

pertinent

to

mention

herein

that

the

displaying

any

sements/

campaignbearing

the

photograph of the

/,i

rr

isterafter its

expiry

period

is the

sole

responsibility

;

,,i;ii,

paPS

under

reply

are

frivolous,

wrong

and

denied.

E.

That

the

contents

of

the

para

under

reply

are

wrong

and

denied

and

are

based

on

assumptions

and

presumptions

and

percepitions

of

the

Petitioner.

Admittedly

in the

petition

the

advertisement

highlights

the

policies

and

achievements

of

the

ruling

party,

the

petitioner

is

presuming

that the said

advertisement

violates

the

Guidelines stipukited by

the

Honble

Apex

Court.

Rest

of the

contents

are wrong

and

denied.

of

1'l

tt

:'

i'2"t':'t::i:

e,i'Iaw

enforcing

authority.

As

such

the

coit1.-nts

of

the

S,-:i'-''

of

.th

Xor;':,'

't:.

,"-'

l

ol


17/33

f*

ft

L2-L4.

That

the

contents

of

the

paragraphs

urrder

reply

insofa.r

as

the

Sarne

pertains

to

a

matter

of

record

needs

no

reply.

It is

pertinent

to

mention

herein

thal

the

funds

allocated

PV

the

answering

respondentfor

the

purpose of

Information

and

Fublicity

is

Rs. 526.74

crores

which

is

the

outer

limit

to

be spent

for

the

purpose

of

dissemination

of

t-

Information

and

Publicity.

Total

budget

is for

a sum

of

Rs.

4O,OOO

Crores,

out

of

which

Rs.

523

Crores

is

earmarked

for

Information

and

Publicily

which

comes

to

1.518%.

From

the date

of

the

Common

Cause

iudgment

in

question, that

is

from

13tr'May,2Ol5

and

tiIl

derte,

a

sum

of'

Rs.

22,33,24,6591-

,

&S

mentioned

above,

has

been

spent

,/,;,'

,

\i)::^,.

Yr

'\

i;,;1ii;ilA

print,

electronic

med.ia as

well

as

outdno':

publicity

is

from

the

date

of

judgment

in

s

to

a

very

meager

amount

as

compared

to

the total

budget

of

Rs.

523

Crores

for

Information

and

Publicity.

It is

further

submitted

that

the

subject

matter

of

the

answering

respondent

allocating

funds

in

the

budget

for the

particular

purpose is

a

policy

d.ecision

as

such

it

is

apparent

that

the

petitioner

in

the

galb

of

public

interest

is

making

averments

with

regard

to

a

policy

decision

made

in

the petition is

trying

to

expand

the

scope

of

the

petition.

The

averments

made

in the

para

under

reply make'

it apparent

18

?F : E:51


18/33

m

lc)

/--Y-r irlrA5

::,ii

that

the

petition is

politically motivated.Rest

of the

cQntents

are

wrong

and

denied.

15.

That

the

contents

of

the

para under

reply are

wrong

and

denied.

arrcl

the

contenrs

of

the

Preliminary

Submissions

and

repiy

are

reaffirmed and

reiterated

and

aqe

not

being

repeated

herein for the

sake

of

brevity.Rest

of

the

contentri

2-f€

wrong

and denied.It

is reiterated

that

the

petition

under

re:p$

besiCes

being

politically

motivated.

is based

on

the

presumptions

and

perceptions

of

the

petitioner;

as

such

the

same

is

liable

to

be

dismissed.

Lq..

ThAt

the

contents

of

the

para

under

reply

are

wrong

and

at

the

petition

is

premature

and

is

ttedly

the

petitioner

has

approached

the

basis

of

certain

articles

in

edlY

states

that

the

answering

respondent

wouid

launch

a

massive

ad

campaign

pertaining

to

a

loan

scheme

to

students.As

suchthe

motive

of

ttre

Petitioner

:

is clearly

to

malign

his

politicaL ad.versary

and

to

settle

politica-l

scores.Rest

of

the

contents

are

wrong

and

denied.

l7-l8.That

the

contents

of

the

paragraphs

under

reply

are

wrong

ancl

.lenied

and

the

contents

of

the

reply

a:'e

reaffirmed

and reiterated

and

are

not

being

repeated

herein

for the

sake

of brevity.It

is

wrong and

denied

that

the

fund

is

being

mis-


19/33

r-rtilised

by

the

answering

respondent

continuous

PR

exerclse

is to slam

the dicsenting

opinion

and

voice of

the

opposition

at

tlr.e

cost

of

pubiic funds.Rest

of

the

contents

a-re

wrong

and

denied.

19.

That the

contents

of the

para

under

reply

arr

\

rrong

and

denied; are

vague

and

evasive

and

are

based

on

assumptions

ancl

presumptions. As such

the

petition

und.er

repiy

is

liable

to

be

dismissed

with

costs.The

contents

of the

reply

ate

reaffirrned and

reiterated

and

are

not

being

repe;r

c^d

for

the

.20-22.

That

the

contents

of the

paragraphs

uncler

reply

ar.e

-t

\r

\AlroFAand

denied

and the

contents

of

the

repiy ai'g

reaffirmed

i/

jj;''

iterated and

a-re

not being

repeated

for the

sake

of

;i

.::

:'

, It is

reiterated

that

the

petition

under reply

Is

acious

and

the sarne

has

been

filed in

the

guise

of

public

interest

and

is actually

meant to

settle

po..itical

scores

as such the

petition

under

reply is liabie

to

be

disr.nissed

with

exemplary

costs,

'

REPLY

TO

GROUNDS

1.

That

the

contents

the

ground

needs

no

replv.

under

being

matter

of

record

?0


20/33

bl

2. Thatsince the

ground

under

reply does

not

pertain

to

the

answering

respondent

as such

the

answering

reSpondent

is

not

in

a

position to

reply

to tfre

salrle.

3.

That

the

contents

the

ground

under

being

mat[er

of

record

needs

no repltt.

4.

That the contents

of the

ground

under

reply

are

wrong

arrd

denied.

It is submitted

that

the

Guidelines

laid

ic-vn

by

the

Hon'ble

Apex Court under

Article L42

ts the

law

of

the

land,

as

such consequences

would follow

if

there

is

any

infraction

of

the

sard law sooner

or

later,

as such

the

averment

that

the

purpose

of the Act

would

be

defeated

withc

lt

the three

member bod';

in existence

is has

no force.Rest

of

the

t the

contents

of

the

ground

under

reply need

no repiy.

,/t,

That

the

contents

of

the

ground

under

reply

a-re

vague

is

based

on

conjectures

and

surmises and

assut

itptions

and

presumptions.

It

is

submitted.

that

the

petitioner

has made

general

allegations

against

governments

exploiting

the

absence

of

the

3

member

body,

as such

the a'ierrnents

made

in

the

ground

under

reply

are

bereft

of

me

.rit.

8.

That

the

contents

of

the

ground

und.er reply

need.

no reply.

21


21/33

-

9.

That

the

cqntents

of

the

ground under

reply

ar.e

wrong

and

denied

and

the

contents

of

the

reply

are

rea

lfirmed

and

reiterated.

It

is

wrong

and

denied

that

the

answering

respondent

has

been

airing

advertisements

promoting its

political

and

personal interests

and

the contents

of

the

reply

are

reaffirmed

and

reiterated.

That

the

contents

of

the

ground under

reply

are

vrrong and

d.enied

and

the

contents

of the

reply

are

reaflirmed

and

reiterated

and are

not

beirrg

repeated

for

the

sale

of brevity.

It

is

\

rrorlg

arrd

d enied

that

the

advertisement

is aimed

at

glorification

of

the

Chief

Minister

of

Delhi

and

is aimed

at

achieving

political

and

personal

benefits.

t

the

contents

of

the

grounds under

reply

rr'pqtitive

and

same

has

been

dealt

with

by the

answering

Respondent

reply to

paragraph

11A

of

the

repiy

on

merits

as

such

the

contents

of

paragraph

11A of

the

repiy

on

merits

and

the

reply

are

reaffirmed

and

reiterated and

?.r(,

.

-ot

being

repeated

ior

the sate

of brevity.It

is

wrong

and denied

that

the

answering

respondent has

violated

the

p;r-ridelines

stipulated

by the Honble

Apex

Court.

It is

reiterated

,that

the

averments

made

in the

grounds

under

reply ai'e

based

on

the

assumptic,ns

and

presumptions

and

perceptions

of

the

Petitioner,

as such

the

petition

under

reply

is

liable

to

be

10,

-

-\

ar

,//

t

/4


22/33

23

24.

TV

dismissed

with

costs.Rest

of

the

contents

are

wrong

and

denied.

That

the

contents

of

the

pa:.a under

reply

ar€

I rong

and

d,enied

and

the

contents

of

the

reply

are

reaffirmed

and

reiterated.

That

the

contents

of

the

ground

under

reply

a

e

repetitive,

wrong

and

d:nied

and

the

contents

of

the

reply

are

reaffirmed

and

reiterated.

In

this

regard.

the

answering

respond.ent

craves

leave

to

refer

to

and

rely upon

the

contents

of

paral lB of

the

reply

on

merits.It

is

reiterated

the

contents of

the

ground.

und.er

reply

a-re

wrong

and

denied

and

a-re based

on

assumptions

and

presumptions

and

ptions

of

the

Petitioner.

Admittedly

in

the

petition

the

vertisement

date

d,

24,06.2015

highlights

the

policies

and

hievements

and

highlights

the

future

road

ma:.,

j-r

the

field

of

education

by

the

ruling

pAfiy,

the

petitioner

is

presuming

that

the

said

advertisement

violates

the

Cuidelines

stipulated

by

the

Honble

Apex

Court.

Rest

of

the

contents

a-re

wrong and denied.

25. That the contents

of

the

ground under

reply

a.re

repetitive,

wrong

and denied

and

the

contents

of

the

repiy

are

reaffirmed

and

reiterated.

In

this

regard

tht:

answering

respondent

craves

Ieave to

refer to

and

relv

upon

the

-

^

-


23/33

b

vq

contents

of

para

11C

of

the

reply

on

merits.Rest

of

the

contents

are

wrQng

and

denied.

26.

That

the

contents

of

the

ground

under

reply

are

v'rong

and

d.enied.

and

the

contents

of

the

reply

are

reaffirmed

and

reiterated.

27-28.

That

the

contents

of

the

ground.s

under

reply are

repetitive,

wrong

and

denied.

afid,

the

contents

of

the

repiy

are

reaffirmed

and

reiterated,.

In

this

regard

thc

answering

respondent

craves

leave

to refer

to

and

relrl upon

the

contents

of

para

l1E

of

the

reply

on

merits.

Rest

of

the

contents a-re

wrong

and

denied.

29-32.

That

the

contents

of

the

grounds

under

reply

iirr'.

rep€titrve,

tqnieilts

of

parasL2-I4 of

the

reply

on

merits.

it

is

further

submitted that

the

subject

matter

of

the

answering

respondent

allocating

funds

in

the budget

for the

particuiar

purpose

is

a

poiicy

decision

as

such

it

is

appa.rent

that

the

petitioner

in

the

garb

of

public

interest

is

making

averments

with

regard to

a

policy

decision

made

in the

petitiorr

is trying

to

expand

the

scope

of

the petition.

The

averments

made

the

para

under

reply make

it apparent

that the

petition

1n

1S

')A

L-r

a z7 :tftz


24/33

politically. motivated.

Rest

of

the

contents

are

wrong

and

denied.

33-34

That

in repiy to the

contents

of

the

grounds uncer

reply

it is

reiterated

that

the

present

petition has

been

filed

in

the

guise

of

public

interest

to

settle

political

scoresas

the

petitioner

is

a

political

ad.versary

of the party

in

power

,in

Delhi.It

is

submitted

that

there

is

no

violation

of

Articie

L4

or

Article

2I of the

Constitution

by

the

answering

respondent:and

the

contents

of the

reply

are

reaffirmed

and

reiterated.

It

is

reiterated

that

the answering

respondent

has

vide

advertisements

has

spread

awareness

about

government

policies,

prograrnrTres,

activities,

acliiu'rentents,

services

and

initiatives a

nongst

the

public

since

the

public

has

a

right to such

information.Further

the conte::rts

of

the

repiy are

reaffirmed

and

reiterated

and are

not

being

repeated herein for

the

sake

of

brevity.Rest

of

,:he

contents

are

wrong

and

denied.

contents

of

the

grounds

35-37

needs

no reply.

:-,-.

3,9_ atthe

contents of the

ground

under

reply is

1,

erverse

and

a

unsustainable

in

law

as the sarne

is meant to

ovgr-reach

*t

a.

and

modify

the Judgment

of the Honble

Apex

Court;which

cannot

be permitted.

in

the

present

proceed.ings.

As such the

3

I

i:

;i

i> l:

i'llirc:tQ

l-r

'\

-

=

'v

u

I-

')<

LJ

,iil?{t+


25/33

&..

'r,j}"

petition

under

reply

is liable

to

be

dismissed

wittr

exemplary

costs.

J:/.

That

the

contents

of

the

grounds

39

needs

no

reply.

40.

That

the

contents

of

the

ground

under

reply

insofar

as

the

same

being

a matter of

record

needs

no reply.

Rest

of

the

contents

are

wrong

and

denied.

It

is

wrong

and

denied

that

the


has widened

the

gap

by

circumventing

the

guidelines

stipulated

by

the

Apex

Court

for

persor'r.al

and

political

gains.

It is,

submittcd

that

the

contents

of

the

grounds

under reply

are based on

the

presumptions

and

perception

of

the

petitioner

and

as such

the

same

are devoid

of

any merits.

4I.

That the

contents

of

the

grounds

under

reply

are

wrong

and

denied

and

the

contents

of

the

reply are reaffirmed.

and

reiterated.

It

is submitted

that the


has

not

violated

the

guideiines

stipulated

k,y

the

Apex

',;iiCourt

and

has

tried

to

implement

the same

in

ietter

and

,;

,i:,rjispirit,

as

such the

petition

under

repiy is

misconceived

and

.rr/u"'''

,

is

liable

to

be

dismissed

with

exemp

M.

C.

MAURYA

Dv.

Director/HOQ

Dte.

Infoimation

&

PublicitY

Govt.

of

NCT

of

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