Missuse of state government's logo
RAMJI
(Querist) 05 May 2014
This query is : Resolved
Background of the matter:
A professional Association registered under societies Act in India had recently conducted a national level conference JOINTLY with a Central govt Organisation. The Asssn is registered @ Kolkatta whereas having a regional centre in chennai. The conference was conducted in the premises of the Central Govt organisation @chennaiand got inaugurated by a State Governor H.E.
2. Undersigned being a member of the Assn..had an interest to look on updates of it and incidentally looked at the separate website launched by the Organisers (jointly on name of Assn + central govt organisation).While on it, it was surprising to note that in the said website & conference brochure, the State Govt's Logo + Central Govt Logo + logo of State govts dept were all appearing.........on the interest being also an RTI activist, under RTI Act, filed an application with PIO of concerned dept (who is custodian of states logo/emblem) and sought for a copy of appln filed by Organisers of the said conference and also copy of permission /grant letter issued by the dept for making use of the states logo in the conference/printing materials..Of course i did not attend the said conference.
3. In response to RTI, the PIO has replied that NEITHER APPLICATION WAS MADE BY ORGANISERS NOR PERMISSION WAS GRANTED..
4.Thus,it is clear that the organisers of the said conference HAVE MISUSED THE
logo of State /Country...
My questions are as follows:
1. As regards misuse of States logo, On the interest of public/state, can i file a complaint with police?.. (because PIO has only provided info and have not indicated that any suo moto action has been taken by the concerned dept against those misuser..)
2. Can i file a case directly with high court ?
3.should i file complaint with Head of the dept (chief secretary of state) AS IT WAS INAUGURATED BY STATE'S H.E GOVERNOR
4. In case of police complaint, should it be filed in the jurisdictional station under which the venue of the conference
falls.
5. In case of police complaint, can i pray to take action against Organisers of the conference and also those who have been helping directly / indirectly (Host of the website/head of the Central Govt organisation who was steering committee chairman of the conference, advisor to state govt dept who was also organising chairman) on the misuse of the states logo.
6. As regards logo of GOI, should i file a separate complaint?.
7. Being a complainant on the interest of public, what the police would require from me after registering complaint?
8.After, registering the complaint, what the police is suppose to do... (will they file case in court?...will i be called for party to case?
9. any other views /advises please..
Thanks & Regards
Ramji
Raj Kumar Makkad
(Expert) 05 May 2014
1. Yes.
2. Yes.
3. Yes.
4. Yes.
5. Confine to only organizers as you shall require evidence of govt. agencies involved in the litigation.
6. No need to file separate petition.
7. Evidence
8. Investigation and then filing its report before concerned court and you shall also be called at the appropriate time by IO as well as by court.
9. Take some other members in your confidence and move ahead jointly.
RAMJI
(Querist) 06 May 2014
Dear Raj kumar sir..
Thanks for your quickest replies...may i request you to kindly advise me on the following further queries /clarification "
1. Among the three options viz., a. filing Police compliant
b. filing Case in high court c. Filing with chief Secretary of State, which is to be followed FIRST AS PER PROCEDURE /PRACTICE...
2. As regards Evidence, i have are a) Copy of brochure received under RTI b) Screen printed copy of Website showing logos c) Official Reply of Public dept PIO stating that neither application nor permission for use of logo was granted..my query is should i attach copies of these evidences now itself with the complaint /petition..
3. I being a member of said professional assn (not a party to conference), will it bar me in filing complaint stating that i must approach it through the management of concerned Association body?..
4. Can i send a legal notice to the organisers before filing complaint?
My sincere & special thanks again to your goodself and this forum for having answered /educated me in all my queries all the time well since my subscription (nearly 2 yrs).
Thanks & Regards
Ramji
V Pratap Kumar
(Expert) 07 May 2014
Being a member of the association, should first point the said discrepancy out to your friends and members. try to resolve it amicably, am sure most such situations arise out of ignorance rather than intent.
The suggestions from Mr Makkad, may be followed otherwise. Your specific questions are something that may be addressed through lens of possible course of action and severity of infringement of rules. As of right now, it seems to be more like misdemeanor, or incompetence.
