HC dismisses PILs challenging distribution of free CTVs

Chennai, June 25 (UNI) The Madurai Bench of Madras High Court today dismissed two Public Interest Litigations (PILs), challenging the distribution of free Colour TV (CTV) sets by Tamil Nadu Government.

The bench comprising Mr Justice Dharmarao Elipe and Mr Justice P P S Janarthana Raja dismissed the PILs filed by S Subramaniam Balaji and Ma Saravanan.

The PILs questioned state's decision to distribute a free CTV to each and every household in the state on the ground that the expenditure to be incurred by the state government for purchase of the CTVs for free distribution was unauthorised, impermissible and ultra vires the constitutional provisions.

The PILs submitted that the introduction and implementation of the scheme was ultra vires the fiscal policy envisaged under the Constitution and therefore illegal.

According to the petitioners, since the implementation of the scheme involved huge expenditure of around Rs 1500 crore, it would have an adverse impact on the state exchequer, which was nothing but public money.

The Constitutional fiscal policy stipulates that the expenditure defrayable by the state out of its revenues shall be only for public purpose under Article 282 of the Constitution.

Hence the present free CTV distribution scheme, which aims at public recreation, does not fulfill the public purpose.

In its order, the bench said ''we find that the DMK's election manifesto, promising distribution of free CTVs to the eligible candidates, cannot be called as a corrupt and illegal.

The TV can no longer be treated only as an entertainment tool but as an instrument to enrich the people of worldly affairs. Since the state was bound by the constitutional obligation towards eliminating inequality in income and status and standards of life, further paying equal attention and urgent consideration to the implementation, promotion and protection of civil, political, economic, social and cultural rights and to take steps to eliminate obstacles to development, the government's action in distributing free CTVs, the information tool to the public, cannot be branded as a waste of exchequer.'' The bench said the courts cannot poke their nose in each and every activity of the government particularly in the economic activities in the garb of judicial review, cutting short the powers of the executive enshrined under the Constitution and assume the powers of executive to itself, dictating do's and don'ts to it even in matters where no illegal or malafide action was shown or established.

UNI