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Can't Issue Writ To Stop Media From Using 'Modi Govt', 'BSY Govt' For Union & State Govts : Karnataka High Court

Mustafa Plumber
26 Jan 2021 4:25 AM GMT
Cant Issue Writ To Stop Media From Using Modi Govt, BSY Govt For Union & State Govts : Karnataka High Court
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The Karnataka High Court on Monday disposed of a public interest litigation filed by an agriculturalist, taking objection to the media, releases issued by Press Information Bureau (PIB) and ministers and executives, referring the Government of India, as Modi Government and the Karnataka State Government as BSY or Yediyurappa's Government.The petitioner Mallikarjuna A, contended that "Can...

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The Karnataka High Court on Monday disposed of a public interest litigation filed by an agriculturalist, taking objection to the media, releases issued by Press Information Bureau (PIB) and ministers and executives, referring the Government of India, as Modi Government and the Karnataka State Government as BSY or Yediyurappa's Government.

The petitioner Mallikarjuna A, contended that "Can anybody call Central government as Modi government, is it permissible under the Constitution of India. Karnataka State government is called BSY Sarkara. Even Ministers continue telling in press conferences that it is Modi government or BSY government, is it permissible under the Constitution, milord." It was also submitted by the petitioner appearing in person that in our democratic set up no government can be referred to by the name of the head of the government.
The petition stated that "As meant by the preamble of our constitution, the governments at the State are the government of each and every citizen of such respective states and the person seating at the Chief Ministers post is the representative of all such citizens and it never means that he is or her own government. In the same way the government at the centre is the government of each and every citizen of our country and the person seating at the Prime Minister's post is the representative of all such citizens and it never means that it is his or her own government."
Amongst other prayers made in the petition the court considered only three which prayed for issuing a writ of mandamus directing the respondents to come up with an ordinance, which will see that addressing any government by adding any person's name before it shall stand as an offence. Secondly to take all necessary measures to see that there will be no incidents in future that the press, ministers and other executives address the governments by the names of any person leading them. To see that government documents having addressed the government by the respective Chief Ministers or Prime Minister is corrected.
A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum said "As far as description of government by media is concerned it is not possible to issue any writ. However, the petitioner is free to make a representation containing his grievances about PIB, referring to the Government of India, as the Modi Government. If such a representation is made the concerned authority will decide it in accordance with law."
While, turning down the prayer seeking promulgating an ordinance the bench said "A writ cannot be issued directing legislature to legislate in a particular manner."

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