The Madras High Court on Friday restrained the promoters of the Abdul Kalam Vision India Party from using the name/figurine/picture of late President A.P.J. Abdul Kalam as part of the party’s name or in the flag of the party or for any political activity, on a civil suit moved by the leader’s elder brother.
The AVIP was floated recently by the late President’s scientific advisor V. Ponraj. The interim restraining order shall be in force till the Election Commission of India takes a decision on the issue.
Citing the apolitical nature of Mr. Kalam, Justice S. Vimala said if the promoters of AVIP were serious about realising the goals of the late President they were at liberty to serve the people in all possible ways that are agreeable to the great leader, except through electoral politics, through which the possibility of abuse by anyone, including the rival political party, cannot be ruled out.
“It is a fact that, of all the Presidents of India, Mr. Kalam holds the unique distinction of being the typical apolitical leader appointed to the post. In fact, he never held any political office prior to his appointment,” the judge said.
“Though the legal heirs are better placed to resist any attempt to monopolise the image, contribution, reminiscence, of any particular national leader, than anyone else, if such an attempt is targeted, towards achieving monetary gain, political considerations, the executive is the rightful guardian of such legacy and as such have equally better claims as the close relatives of the leader,” Justice Vimala added.
In his suit, A.P.J. Mohamed Muthu Meera Lebbai Maraicker (99) prayed the court to prevent any political party from misusing the name of Mr. Kalam and to issue an order to restrain any organisation from using his name.
“Kalam holds distinction of being typical apolitical leader appointed to President’s post”
