Not satisfied with the government’s reply saying the use of words Satyamev Jayate by a television programme does not violate law, the Bombay high court on Friday asked the additional solicitor general
Not satisfied with the government’s reply saying the use of words Satyamev Jayate by a television programme does not violate law, the Bombay high court on Friday asked the additional solicitor general Anil Singh to assist the court on determining whether use of words Satyamev Jayate by some private person without the government’s permission was permissible or not. The court also sought reply from actor Aamir Khan and Star TV to a public interest litigation objecting to the use of these words for their programme.
The division bench of Justice A.S. Oka and G.S. Kulkarni passed this direction after perusing the affidavit filed by under secretary of home affairs Pandey Pradeep Kumar who in his written answer opposed the PIL. The affidavit filed by Mr Kumar said, “The words Satyamev Jayate is part of the State Emblem of India.”
It further said, “The State Emblem of India Prohibition of Improper Use, Act 2005 and the State Emblem of India (Regulation of Use) Rules, 2007 prohibit improper use of the State Emblem of India as a whole.”
However it also stated, “There is no provision which prohibits the use of its part whether it is Satyamev Jayate the lion, the bull, the horse etc. Hence the use of the words Satyamev Jayate in a TV programme does not violate any provision of the State Emblem of India, Act 2005 and the State Emblem of India Rules, 2007.”
“Do you want to say that if somebody uses lions without the government’s permission does not violate the law ” asked the bench and also directed the government pleader to take instruction on this subject from the state.
According to the affidavit, the ministry of consumer affairs, food and public distributions deals with the emblems and names (Prevention of Improper Use) Act, 1950 and this matter was referred to it. However, the department in its letter has stated that the role of Centre comes only when competent authorities have some doubt and refer the case to the Central government.
“In the instant case, approval from the Central government was not sought by the ministry of information and broadcasting or any other authority,” said the affidavit adding that Satyamev Jayate is not specifically mentioned anywhere in the Schedule of the Emblems and Names (Prevention of Improper Use) Act, 1950. “Hence the use of Satyamev Jayate is not violative of the Emblems and Names Act,” it said.
