‘Only for purpose of publicity’: SC junks Prashant Bhushan's PIL against use of public servants for electoral gains

New Delhi: On Tuesday, the Supreme Court refused to consider a PIL aimed at quashing a letter issued by the Controller General of Defence Accounts and an office memorandum of the Department of Personnel and Training (DoPT) regarding the use of public servants to showcase government achievements.

A bench of Justices B R Gavai and Prashant Kumar Mishra told advocate Prashant Bhushan that the court was not keen on entertaining the plea.

Representing petitioners E A S Sarma and Jagdeep S Chhokar, Bhushan repeatedly requested the court to provide him an opportunity to present his case. However, the court did not permit him to begin his arguments.

The bench remarked, “Newspapers are filled with advertisements of what has been done by the government. It is done by state governments of different political parties and it is done by the central government of a political party…. Viksit Bharat Sankalp Yatra… (sic)”.

Bhushan argued that even that is a misuse, asserting that the current case involves something more sinister.

However, the bench said that the Election Commission of India has taken care of the matter and during the Code of Conduct such a thing was not permissible.

“Sorry, we are not inclined,” the bench said.

Bhushan persisted, asking the court to grant him an opportunity.

However, the bench remained unmoved.

“No, thank you. Dismissed! We do not entertain petitions only for the purpose of publicity," the bench said.

Bhushan insisted there was no question of publicity involved in the matter. Despite his attempts to draw the court's attention to the petition's contents, he failed to convince the bench. Justice Gavai concluded, “Thank you, Mr Bhushan!”

Upon realising that the court was not keen on hearing the matter, Bhushan asked the court to allow him to move the high court.

In its order, the bench granted, “Allowed to withdraw with liberty to approach the jurisdictional high court.”

The PIL, jointly filed by Sarma and Chhokar, sought quashing of the letter dated October 9, 2023, of the Controller General of Defence Accounts of the Ministry of Defence “to Controllers of Defence Accounts of different regions on the subject: ‘Development of selfie-points to showcase good works done/being done in MoD’ requesting that all selfie points as per targets may be installed ‘immediately’, and that Action Taken Report may be forwarded to the said office ‘immediately’ for onward transmission to Ministry.”

“The aforesaid impugned letter, dated 09.10.2020, may be read in conjunction with a Ministry of Defence’s order, which directed soldiers on annual leave to spend time on promoting government schemes, making them ‘soldier-ambassadors’,” the plea stated.

The PIL also challenged the office memorandum of October 17, 2023, of the Department of Personnel and Training (DoPT) of the Union government.

The PIL also contested the office memorandum dated October 17, 2023, issued by the Department of Personnel and Training (DoPT) of the Central government. The memorandum stated the decision “to deploy joint secretaries/directors/deputy secretaries of GOI as ‘district rath prabharis (Special Officers)’ for ‘showcasing/ celebration of achievements of the last nine years of GOI, through ‘Viksit Bharat Sankalp Yatra’, proposed to be organised across the country’ from November 20, 2023 to January 25, 2024.”