Can’t have grievance with govt pushing schemes to reach citizens if party name not used: Delhi HC

Appearing for the Centre, Additional Solicitor General (ASG) Chetan Sharma referred to a note and said that the government of India is committed to ensuring that the flagship schemes reach the targeted beneficiary in a time-bound manner. These schemes pertain to providing basic amenities like sanitation facilities, essential financial services, housing for the poor, food security, healthcare, quality education and clean water.

Sharma said that many flagship schemes have been launched by the government but have still “not achieved full saturation”. Therefore, to raise awareness about these schemes, a nationwide campaign called ‘Viksit Bharat Sankalp Yatra’ was launched last year to reach the “unreached, the most vulnerable” and to “facilitate last mile delivery”, the ASG said.

“As on December 31, 2023 more than 1,51,780 events have been conducted in gram panchayats and urban local bodies across 34 states/union territories; whereas 8,02,24,805 people have attended and were made aware of the flagship schemes under various departments… 2.5 crore people have attended health camps, 10 lakh people were screened for Tuberculosis, 20 lakh for sickle cell anemia, 35 lakh cash Ayushman cards distributed, 10 lakh applications received for kisan credit…,” ASG Sharma said.

On selfie points, ASG Sharma said that communication with people through setting up of selfie points at various locations is a novel idea whereby people could be encouraged to express their views on government policies. He said that the defence ministry came up with a proposal to set up selfie points at various locations to reach out to people to “elicit their active participation in achieving women’s inclusion and self reliance”.

He also referred to the Agnipath scheme and said, “Young girls, young boys will be inspired to join, this outreach has to be there. When Agniveer and Agnipath are there the natural corollary is that you have to reach out to them and inspire them to join…The selfie points are cost-effective and are also audio visually engaging. Engagement in a selfie system is a gift of technology and let’s make use of it.”

On the issue of nine years, the ASG said, “We have addressed that (reference to nine years).. The mention of nine years was at that time in October. There is no mention of nine years now. This holds the field now.”

The petitioner’s counsel, however, argued that “as per RTI replies selfie points cost Rs 6 lakh” and it is a “political campaign where political speeches are being made from that platform”.

“Each selfie point has a huge placard of the PM. Hundreds of Army officers and bureaucrats are being deployed in violation of service rules. Public money cannot be spent other than on public purposes. If the OMs [office memorandums] are as simple as ‘dissemination of information’ then we would not have filed the petition. If you do all this from your party platform, it’s alright. But political speeches are being made using public money. It has nothing to do with the schemes,” the counsel argued. He further said that there are several rules which say that “bureaucrats can be used for any political objective and they have to be completely neutral”.

At this stage, the bench referred to the Centre’s note and orally said, “There is no political name, party name or political insignia. These are only propagating the schemes of the government. They have pointed out (referring to the note) that 2.5 crore people attended health camps, around 10 lakh people were screened for TB…If officers and Army men are doing this, then they are propagating a scheme.”

The bench further said, “Government is run by someone in power. It is a hard fact of reality. After all, the person who is elected is elected by the people. And he (PM) is holding a constitutional post, there is no denying that. He may be someone’s political rival also. In the process the schemes…If they are saying that we are giving the push so that last mile connectivity is achieved…you can’t have a grievance with that.”

The counsel for the petitioners said that now “Railways, UGC is saying ‘go install selfie points on railway stations and in all universities’”, adding that the selfie points are permanent.

Urging the court to intervene, the counsel said that this also “destroys the level playing field between political parties if the government in power is able to utilise the public money and government machinery for their campaign”.

Meanwhile, the counsel for the Election Commission of India (ECI) said the poll panel has already issued instructions about the prohibition on advertisements funded by public money and misuse of mass media when the model code of conduct is in force during elections. The court said that ECI’s assistance was needed in the matter.

The high court thereafter asked the Centre to place the notes on record. The court also permitted the counsel for the petitioner to file an additional affidavit. The matter is next listed on January 30.

As per the plea, an October 9, 2023, letter by the Controller General of Defence Accounts (CGDA), Ministry of Defence (MoD), states that several selfie points on certain themes are to be developed to “show good work done” by the ministry. Besides, another MoD order directs soldiers “on annual leave to spend time on promoting government schemes”, the plea added.

Further, the plea states that an October 17, 2023, OM of the Department of Personnel Training (DoPT) seeks to deploy joint secretaries/deputy secretaries of the Government of India as “district rath prabharis (special officers)” for celebrating the achievements of the government in the last nine years through ‘Viksit Bharat Sankalp Yatra’ proposed to be organised between November 20, 2023, and January 25, 2024. As per the petitioners the use of government/defence officers for the “benefit of the ruling party at the Centre” is a “blatant use” of such officers for “political propaganda”.