When DMDK leader Vijayakant can use the names of MGR and Anna, why can’t anyone use the name of former President A.P.J. Abdul Kalam, asked the Madras High Court while hearing an application moved by Abdul Kalam Vision India Party seeking to vacate an interim injunction against the party from using the picture/name of the former President.
But without vacating the stay, Justice M.V. Muralidharan modified the order saying, “The president and general secretary of the party can use Kalam’s name, picture, and figure in individual capacity, but not in the name of political party, since a decision on recognition/ registration of the party is yet to be made by the Election Commission of India.”
The judge further said that detailed argument on vacating the injunction will be heard on June 3. On May 9, a single judge of the High Court passed an interim injunction against the party from using the name of Kalam on a civil suit moved by his brother A.P.J. Mohamed Muthu Meera Lebbai Maraicker till a decision is taken by the Election Commission.
Petitioner’s contention
Assailing the injunction, the party moved the court contending that Mr. Mohamed Muthu Meera Lebbai Maraicker as the legal heir of Kalam is entitled to get benefits only under the Succession Act and could not claim exclusive rights over the former President’s name or picture.
“Kalam is a national figure and also a visionary leader, hence carrying his name and keeping his picture posthumously does not violate or in any way infringe the rights of his brother and family. Rather, it only promotes his ideology and keeps his name alive always in the public domain,” Mr. Ponraj, the party president said.
Allows petitioner to use of name in individual capacity and not in the name of the party
