Today(on 27th May),The Supreme Court refused to hear the BJP’s plea against a Calcutta High Court order restraining it from publishing negative ads against the TMC during the ongoing Lok Sabha elections. The High Court upheld a single-judge’s interim order, stressing the need for fair electoral practices to protect voter interests.
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NEW DELHI: Today(on 27th May), The Supreme Court has declined to entertain the Bharatiya Janata Party (BJP)’s petition regarding a Calcutta High Court order restraining it from publishing “derogatory” or “slanderous” advertisements targeting the Trinamool Congress (TMC) party during the ongoing Lok Sabha elections. This decision comes after a division bench of the High Court previously refused to interfere with a single-judge’s interim order, emphasizing the importance of maintaining healthy electoral practices to safeguard the interests of the voters.
Background:
A division bench of the Calcutta High Court had earlier upheld a single-judge’s interim order, which emphasized the importance of maintaining healthy electoral practices. The High Court had noted that misleading electoral campaigns ultimately harm the voter.
“The voter suffers the most from deceptive electoral campaigns.”
-the court had stressed.
During the Supreme Court hearing, Senior Advocate PS Patwalia, representing the BJP, argued that the advertisements in question were based on facts and asserted that the party was not given an opportunity to present its case before the single-judge.
However, after examining the advertisements, the Supreme Court was not persuaded to interfere with the High Court’s decision.
“Take a look at the specified pages. You’re exaggerating the matter. We have no intention to intervene.”
-the Court stated.
As the Court expressed its intention to dismiss the plea, Senior Advocate PS Patwalia sought permission to withdraw the case. The Supreme Court allowed this request, granting the BJP the liberty to contest the notices issued against them through counter-affidavits in accordance with the law.
“The petitioner is allowed to challenge the notices they’ve received by submitting counter affidavits, which will be reviewed based on legal procedures.”
-the Court ordered.
ALSO READ: BJP Appeals Against Calcutta High Court Ruling on Derogatory Ads Targeting TMC
During the proceedings, Justice Vishwanathan addressed the BJP counsel, stating-
“Your competitor is not your enemy!”
Senior Advocates Dr. Abhishek Manu Singhvi and Amit Anand Tiwari represented the TMC during the hearing.
Previously, Justice Sabyasachi Bhattacharyya of the Calcutta High Court had issued the injunction against the BJP. He criticized the Election Commission of India (ECI) for its failure to address the complaints filed by the TMC regarding the BJP’s advertisements.
“The ECI has severely faltered in addressing the complaints lodged by the TMC in a timely manner. This Court finds it alarming that the resolution of these complaints, post the conclusion of elections, holds no significance. Consequently, due to the ECI’s failure to act promptly, this Court is compelled to issue an injunction order.”
– Justice Bhattacharya stated in his order.
The Supreme Court’s Vacation Bench, comprising Justice JK Maheshwari and Justice KV Viswanathan, noted that the advertisements published by the BJP appeared to be disparaging.
“Prima facie the advertisements appear disparaging. We cannot endorse additional animosity; however, you are certainly free to promote yourself.”
-the Court observed.
Justice Viswanathan further remarked that such advertisements would not benefit the voter, commenting-
“(It will) Only (help) you.”
ALSO READ: [Breaking] BJP Moves SC Against Cal HC Order Over “Offending Ads” Against TMC
CASE TITLE:
Bharatiya Janata Party vs All India Trinamool Congress and ors
