The petition was mentioned for an urgent hearing before a bench comprising Justice Bela M. Trivedi and Justice Pankaj Mithal, who agreed to consider listing the matter.
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New Delhi: On 23rd May: The Bharatiya Janata Party (BJP) has approached the Supreme Court challenging a Calcutta High Court order that restrains it from publishing “derogatory” or “slanderous” advertisements targeting the Trinamool Congress (TMC) during the ongoing Lok Sabha elections.
The petition was mentioned for an urgent hearing before a bench comprising Justice Bela M. Trivedi and Justice Pankaj Mithal, who agreed to consider listing the matter.
“It was an ex parte order, effective until June 4,” said the counsel representing the BJP.
Justice Trivedi expressed hesitation to hear the case, asking,
“Why don’t you approach the next vacation bench?”
When the counsel persisted in requesting an urgent hearing, the Court responded,
“Alright, we will see.”
Background
On Wednesday, a division bench of the Calcutta High Court, comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya, declined to interfere with a single-judge’s interim order. This order restrained the BJP from publishing defamatory advertisements against the TMC, emphasizing the need for all political parties to adhere to healthy electoral practices. The bench noted that misleading electoral campaigns ultimately harm voters.
READ ALSO: BJP Appeals Against Calcutta High Court Ruling on Derogatory Ads Targeting TMC
The High Court’s remarks came while hearing the BJP’s appeal against an order passed by Justice Sabyasachi Bhattacharyya on May 20. The single judge had criticized the Election Commission of India (ECI) for “grossly failing” to address the complaints filed by the TMC regarding BJP advertisements targeting the ruling party in West Bengal.
The High Court’s order was issued following a petition by the TMC, which sought to restrain the BJP from publishing such advertisements. The TMC cited specific ads published in various newspapers that targeted the Mamata Banerjee-led party.
The single judge found these advertisements to be in violation of the Model Code of Conduct (MCC), which prohibits election participants from criticizing other parties or their workers based on unverified allegations or distortions.
“A review of the impugned ads published on various dates this month clearly indicates that they violate the letter and spirit of the MCC, which explicitly prohibits criticism of other parties or their workers based on unverified allegations or distortions,” observed Justice Sabyasachi Bhattacharyya.
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“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 BJP’s counsel argued that the High Court’s order was issued ex parte and is in effect until June 4. Justice Trivedi initially expressed reluctance to hear the matter, suggesting the BJP move the next vacation bench. However, upon the counsel’s insistence for an urgent hearing, the Court agreed to consider listing the case.
