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2021 Supreme(Bom) 1

T.V.NALAWADE, M.G.SEWLIKAR
Rajendra – Appellant
Versus
Union of India, Through the Secretary to the Government, Information & Broadcasting Department, New Delhi – Respondent


Advocate Appeared:
For the Appellant :V.D. Sapkal, Senior Counsel (Appointed), Hemant Surve, Advocate.
For the Respondents:D.G. Nagode, M.M. Nerlikar, APP, Sachin Sarda, Advocates.

JUDGMENT :

T.V. NALAWADE, J.

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The petition is filed for reliefs of declaration, direction and injunction and the object is to prevent the advertisement made on TV channels by which there is promotion of sale of articles like Hanuman Chalisa Yantra.

3. The learned APP represented the State Government and police station. Mr. Nagargoje, learned counsel represented the Government of Indian and the authority created by Government of India to have control over the TV channels. The original Petitioner wanted to withdraw the proceeding, but by order dated 6th July, 2018, this Court made it clear that the subject matter involves interest of public at large and the withdrawal cannot be allowed. Learned counsel Shri V. D. Sapkal (now learned senior counsel) was appointed as amicus curiae and he prosecuted the matter. Some amendments were made in the present proceeding by him.

4. It is contended in the petition that in March 2015, the Petitioner came across advertisements on TV channels and the advertisements were propagating that there were special, miraculous and supernatural properties / qualities in

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