Chennai, Apr 21 PMK founder Dr S Ramadoss' photograph should not be used without his consent, a court said here on Tuesday.
XIII Assistant Judge Dharmaprabu M issued the direction earlier in the day as the Assembly election campaigning concluded for the polling scheduled on April 23.
The petitioner Dr S Ramadoss had moved the court seeking to restrain the respondents -- Dr Anbumani Ramadoss and 18 PMK MLA candidates affiliated with his faction -- from using his name, fame, and photographs in their election campaign.
He contended that he had filed the suit in his individual capacity to protect his right to privacy guaranteed under the Constitution. The petitioner further submitted that the respondents were misusing his photographs to mislead the general public to secure votes.
While the petitioner sought a total injunction, the court noted that at this advanced stage of the election cycle, campaign materials would have already been prepared and circulated. The judge observed that any direction for withdrawal or reprinting might cause inconvenience and affect accounted election expenses.
The court directed the respondents to refrain from issuing any fresh campaign materials using the petitioner’s photograph from the time of the order. However, the judge made it clear that the order shall operate prospectively and shall not affect any materials already printed or publicly circulated prior to the order.
The judge stated that this limited direction was issued to avoid electoral disruption while simultaneously preventing possible prejudice to the petitioner who is seeking the enforcement of his fundamental rights.
Counsel for the respondents had earlier sought time to file counters, stating that the respondents were in the mid of serious campaigning and could not make arrangements to file vakalats at the last moment. The court has now posted the matter to June 4 for further hearing and for the filing of counters by the respondents.
