Today, On 21st May, The BJP filed an appeal against a Calcutta High Court order concerning derogatory advertisements targeting the Trinamool Congress (TMC). The High Court had earlier directed the BJP to refrain from publishing such ads. The BJP’s appeal seeks to reverse this directive, arguing for their right to political expression.
Calcutta: The Bhartiya Janata Party (BJP) lodged an appeal with a Division Bench of the Calcutta High Court challenging a previous ruling by a single judge. The initial order prohibited the BJP from disseminating any advertisements deemed “derogatory or slanderous” towards the Trinamool Congress (TMC) party.
The appeal swiftly brought to the attention of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, seeking an urgent listing.
According to the BJP’s legal representative, the party, not afforded an opportunity to present its case before the single judge issued the aforementioned order.
The counsel stated ,
“The TMC failed to provide a notice to my client, thus we didn’t attend, and consequently, the judge couldn’t hear our side before issuing orders and remarks,”
The Court, after deliberating on the request, announced that it would address the issue on Wednesday morning.
The Bench declared,
“We will prioritize this matter as the first item on tomorrow’s agenda, provided the notice is served to the opposing party,”
Upon the counsel’s insistence for an immediate hearing today, the Court responded,
“Tomorrow morning. A day won’t change the outcome.”
An appeal has been filed against an order issued by Justice Sabyasachi Bhattacharyya on Monday, May 20. The order in response to a petition filed by the Trinamool Congress (TMC), requesting the court to restrain the Bharatiya Janata Party (BJP) from publishing certain advertisements that targeted the ruling party in West Bengal. The TMC claimed that these ads, which published in specific newspapers, violated the Model Code of Conduct (MCC) by using caste and religious references.
The single judge, in agreement with the TMC’s arguments, found the advertisements to be in violation of the MCC. As a result, the judge ordered the BJP to refrain from publishing such ads until further notice.
Additionally, the Election Commission of India (ECI) criticized by the judge for its alleged failure to address the complaints filed by the TMC regarding these ads.
The single judge remarked,
“The examination of the contested advertisements published on multiple occasions this month unmistakably demonstrates their infringement of both the letter and the essence of the MCC. The MCC explicitly prohibits all participants in the electoral process from engaging in criticism of other parties or their members grounded on unverified accusations or misrepresentation,”
The court’s decision mandated the immediate cessation of these ads and sought assurances from the BJP that future political advertising would adhere to decorum and respect towards.