Today(on 22nd May),The Division Bench of Calcutta High Court reaffirmed a single-judge’s interim order, restraining BJP from publishing “derogatory” ads against TMC during Lok Sabha campaigns, highlighting the judiciary’s commitment to electoral decorum and misinformation prevention.
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KOLKATA: Today(on 22nd May), Division Bench of the Calcutta High Court, comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, declined to interfere with a single-judge’s interim order restraining the Bharatiya Janata Party (BJP) from publishing “derogatory” or “slanderous” advertisements targeting the Trinamool Congress (TMC). The court directed the BJP to seek a recall or a review of the order under challenge from the single judge.
“Let’s clarify, we’re not inclined to intervene for several reasons. Firstly, this is a temporary order. Secondly, if you feel unheard, pursue a review and recall of this order.”
-the Court stated firmly.
The Bench emphasized the necessity for all political parties to adhere to healthy electoral practices, underscoring that misleading electoral campaigns ultimately harm the voter.
“There should be some Lakshman Rekha. A national party is making accusations… We’re not condoning their actions. Consider the impact on the general public… You both continue your disputes. Ultimately, it’s the poor voter who suffers – they may be either influenced or misled. Present your case before the single judge. There should be a fair practice followed by both sides.”
-the Court remarked.
ALSO READ: BJP Appeals Against Calcutta High Court Ruling on Derogatory Ads Targeting TMC
The BJP’s intra-court appeal was subsequently dismissed by the Division Bench.
“We decline to entertain this appeal for multiple reasons. We believe we can assess the validity of an order based on the arguments presented before the single judge, evaluating if those arguments were addressed and if the resulting conclusion was fair and reasonable. However, we cannot assess an order based on arguments that were not presented before the single judge. Therefore, the appellants have recourse; they can seek review or recall of the order from the single judge. Thus, this appeal is dismissed. It should be noted that we have not delved into the merits of the case.”
– the Court elucidated.
The appeal by the BJP was filed against an order passed by Justice Sabyasachi Bhattacharyya on Monday, May 20, wherein the single judge had also criticized the Election Commission of India (ECI) for “grossly failing” to address the complaints filed by the TMC against BJP advertisements targeting the ruling party in West Bengal.
The interim order was issued following a petition by the TMC seeking to restrain the BJP from publishing such advertisements. The TMC had cited specific advertisements published in certain newspapers, alleging that these targeted the Mamata Banerjee-led party in a derogatory manner.
“An examination of the contested advertisements published throughout this month unmistakably shows that they contravene both the letter and the spirit of the Model Code of Conduct (MCC). The MCC expressly prohibits all participants in the electoral process from engaging in criticism of other parties or their members based on unverified allegations or distortion.”
– the single judge had observed.
Challenging this directive, the BJP filed an appeal before the Division Bench. Senior Advocate Jayanta Mitra, briefed by advocate Billwadal Bhattacharyya, represented the BJP and argued that the single-judge could not have passed the order without hearing the BJP.
“Your Honors, the judge issued this interim order after hearing the petitioner (TMC) and the Election Commission of India (ECI). The order directly impacts me. However, I was not afforded the opportunity to present my case as I was not served by the petitioner. Your Honors, we are not discussing the merits of the case. We are solely questioning the judge’s order.”
-the counsel argued.
However, the Division Bench maintained that the party should approach the single judge for relief and dismissed the appeal.
Chief Justice TS Sivagnanam highlighted the importance of adhering to the Model Code of Conduct during the election process.
He remarked-
“I believe posters and banners have been entirely prohibited under the standard code of conduct. Even at the airport, you’ll notice that the image of the Honorable Prime Minister has been taken down. However, there might be a picture of the President.”
The Chief Justice also shared a personal observation, noting that he found graffiti of outgoing Trinamool MP Mala Roy near his residence, which had remained for over a year without being removed, expressing surprise at this.
On Monday, Justice Sabyasachi Bhattacharyya of the Calcutta High Court had granted an interim stay on BJP’s election advertisements, stating that the controversial advertisements could no longer be published in any media. The judge criticized the ECI for not taking earlier action based on TMC’s complaints about the advertisements. The single judge’s order emphasized the term ‘unverified’ in relation to the advertisements, indicating that the ban would remain on ads that were not properly vetted.
The TMC had objected to two specific BJP advertisements published in newspapers and media, one with the slogan ‘Trinamool is the root of corruption’ and the other ‘Trinamool anti-traditional’. The ruling party of the state argued that such portrayals were against the rules and could adversely affect the minds of the common people. The TMC deemed these advertisements as misleading, absurd, and insulting, prompting them to file a case in the High Court.
The single judge’s interim stay on these advertisements led the BJP to appeal to the Division Bench, which ultimately upheld the single-judge’s decision, reinforcing the significance of fair electoral practices and the necessity of adhering to the Model Code of Conduct.
CASE TITLE:
Bhartiya Janata Party vs All India Trinamool Congress
