Justice Sabyasachi Bhattacharyya criticized the Election Commission of India (ECI) for its failure to address the complaints filed by the TMC regarding the BJP’s targeted ads during the ‘silence period’ preceding the election day.
KOLKATA: Today (20th May): The Calcutta High Court issued an order restraining the Bharatiya Janata Party (BJP) from publishing derogatory advertisements against the Trinamool Congress (TMC) until further notice. Justice Sabyasachi Bhattacharyya criticized the Election Commission of India (ECI) for its failure to address the complaints filed by the TMC regarding the BJP’s targeted ads during the ‘silence period’ preceding the election day.
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The Calcutta High Court, in a significant ruling, has prohibited the Bharatiya Janata Party (BJP) from releasing any derogatory advertisements targeting the Trinamool Congress (TMC) until further orders.
Justice Bhattacharyya, in his order, criticized the ECI for its lack of promptness in resolving the complaints, stating that
“The ECI has grossly failed to address the complaints of the TMC in a timely manner. This Court is surprised that resolving the complaints after the conclusion of elections is meaningless, and due to the ECI’s failure to act promptly, this court is compelled to issue an injunction order,” Justice Bhattacharya stated
“The allegations and publications made against the TMC are blatantly derogatory and clearly intended to insult rivals and make personal attacks. Therefore, these ads are directly contradictory to the MCC and violate the rights of the Petitioner and all citizens of India to a free, fair, and untainted election process. Consequently, the BJP should be restrained from further publishing such ads until further orders,” the Court stated.
The High Court observed that the BJP’s advertisements during the silence period, which is a day prior to the polls and the polling day itself, violated the Model Code of Conduct (MCC). The court recognized that these ads were not only derogatory towards the TMC but also infringed upon the rights of the ruling party and citizens’ right to fair elections.
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The court’s order highlighted the explicit intent of the BJP’s advertisements to insult the TMC and launch personal attacks. Such actions directly contradicted the principles of the MCC and undermined the rights of the petitioner, the TMC, as well as the citizens of India who deserve a free, fair, and untainted election process. Consequently, the Calcutta High Court deemed it necessary to restrain the BJP from publishing further advertisements of this nature until additional orders are issued.
