“Anticipatory Bail to Be Denied Only in Exceptional Circumstances: Jammu and Kashmir High Court”

The Bombay High Court has recently instructed the Maharashtra State government to establish a three-member committee by December 14 to prevent the misuse of public funds in government advertising. This directive follows the State’s non-compliance with a Supreme Court ruling aimed at ensuring accountability in public advertising, particularly to curb political misuse of state resources. A bench led by Justice MS Sonak and Justice Jitendra Jain voiced its dissatisfaction with the State’s lack of such a committee, emphasizing that “there is no justification for not having a committee in the State of Maharashtra.”

Referring to the Supreme Court’s judgment in Common Cause vs. Union of India, the Court noted that government advertising for political gains violates Articles 14 and 21 of the Constitution. The case was brought forth by the Editors’ Forum, which alleged that Maharashtra’s government, along with entities like the Bombay Municipal Corporation (BMC), City and Industrial Development Corporation (CIDCO), and Maharashtra Industrial Development Corporation (MIDC), had ignored several Government Resolutions (GRs) from 2001, 2008, 2009, and 2015. Allegations included improper distribution of advertisements, unauthorized media placements, and dealings with non-compliant agencies.

State representatives argued that existing guidelines were being followed, but the Court found these claims insufficient. The Bench directed the Chief Secretary of Maharashtra to take personal responsibility for forming the committee. The petitioner was represented by Advocate SB Talekar, joined by advocates Madhavi Ayyappan, Chagan Thakare, and Neha Lalsare, while Additional Government Pleader Abhay Patki appeared for the State. Advocates representing BMC, CIDCO, and MIDC included Heena Shaikh, MV Kini, BB Sharma, and Prashant Chawan, among others.