HC directs Government to curtail political affinity in appointment of committee members

Observing that the overall exercise of the committee involved in waiving off entertainment tax for movies named in Tamil was improper owing to the personal affinity with the Government or the Political leaders, who were ruling the State, the Madras high court has directed the present Government to ensure that women and men of integrity having merit must be selected and appointed in Expert Committees, Governmental organizations and institutions without scope for nepotism.

Justice S M Subramaniam made the observation while passing orders on a plea moved in 2013 by Red Giant Movies run by the present Chief Minister M K Stalin’s son and MLA Udhayanidi Stalin accusing the government of not granting exemption to his movies despite it having Tamil Names.

On pointing out that this Court could easily visualize the possibilities of favoritism and discrimination and at the same, it cannot consider the relief as a prayer for as there are no specific malafide allegations against the persons, said “Courts cannot undo the exercise in the event of not establishing malafide with concrete proof. Mere statements are insufficient and only inference can be drawn based on certain actions.

However, lamenting on the lack of integrity prevailing in many such committees. Justice Subramaniam sought the present Government to make sure that integrity and honesty must be the criteria, which has to be assessed at the first instance and then merits are to be considered.

“All such selections and appointments are to be made in a transparent manner and by providing equal opportunity to all the eligible women and men, who all are eligible for such appointments. All such selection and appointments are to be made beyond the Political affinities, aspirations, and ideologies, keeping in mind that it is public appointments,” the court stressed.

It also pointed out that if each Political party is appointing their own men in such Expert Committees, and if allowed to be continued, then there is no scope for the revival of social justice, equality in opportunities, merit, and integrity.

Based on this, Justice Subramaniam directed the Government to revisit the entire process and appoint Committees for grant of exemptions for movies and formulate a policy decision, which can work free from favouritism, nepotism, and corrupt activities, enabling the people to get social justice from the Government of the day.

The petitioner submitted an application for exemption before the Commissioner, Commercial Tax Department for their movie namely 'Idhu Kathirvelan Kadhal'. But even after the film was certified by the Film Censor Board, the said committee refused to acknowledge the same revealing apparent discrimination and thus, the very constitution of the Committee is not in accordance with the purpose and object for grant of exemption from payment of Entertainment Tax.