SC Rejects Interfering With HC’s Order While Criticizing Derogatory BJP Advertisements Against TMC

GG News Bureau

New Delhi, 27th May. The Supreme Court declined to intervene in a Calcutta high court order prohibiting the Bharatiya Janata Party (BJP) from publishing advertisements that allegedly violated the Model Code of Conduct (MCC) during the ongoing Lok Sabha elections, and on Monday it harshly criticized the BJP for issuing advertisements deemed “disparaging” against the Trinamool Congress (TMC), the ruling party in West Bengal.

“What is in the commercials that we have seen…These adverts appear to be derogatory on the surface. You can claim to be the greatest, but you are unable to make certain statements about other people.The justices J K Maheshwari and KV Viswanathan, who made up the vacation bench, stated, “We cannot lend our hands to promote further acrimony.” The bench made it clear that, during the election process, political parties must uphold the greatest standards of morality and behavior. The voters will not be served by this [defaming opponents]. It will only deteriorate the discourse,” it informed BJP representative senior lawyer PS Patwalia.

The statement from the court was in response to a ruling made on May 20 by a Calcutta high court single-judge bench, which barred the BJP from releasing specific ads that contained accusations against the TMC and its members until June 4, the day the results of the Lok Sabha election are supposed to be announced. On May 22, a division bench denied the BJP’s petition.

Patwalia expressed dissatisfaction over the single-judge bench’s lack of fair hearing of the BJP prior to the order’s passing. He further stated that despite the Election Commission of India (ECI) being seized in response to TMC’s allegations on the same matter, the high court granted an ex-parte mandatory injunction at a preliminary stage without taking the BJP’s position into consideration. According to Patwalia, the BJP received a show-cause notice from the ECI on May 18 and was asked to respond by May 21.

The bench emphasized that despite the TMC’s repeated concerns, the high court ruling highlighted the ECI’s inaction. “What actions has the Commission taken thus far? Even with this injunction, has the Commission taken any action? The bench remarked, “We don’t see anything,” noting that the TMC had complained in writing about advertisements on May 4, 5, 10, and 12.

The bench informed Patwalia that the BJP should not bring the matter before the Supreme Court too soon, and the senior attorney decided to drop the case while still having the option to proceed according to the division bench’s May 22 directive. The high court’s division bench recommended that the BJP ask for the single judge’s ruling to be reviewed, changed, or recalled. “We’re not saying you can’t disagree with this directive. The court said, “We are saying you must not precipitate such issues before us.”

In West Bengal, there were seven phases to the staggered elections for 42 Lok Sabha seats.

The BJP contended in its Supreme Court petition that the division bench of the high court ought to have taken into account the fact that the party was not granted a hearing and that the single judge had imposed an ex-parte mandatory injunction at a preliminary stage. “It is pertinent to highlight that such interim relief granted by the high court was beyond the prayer sought by the All India Trinamool Congress, which was limited only to the grant of an interim order directing the ECI to take steps in accordance with law.” The plea contended that the single judge erred in awarding an interim injunction on the grounds of the purported MCC violation, failing to take into account the fact that the case was still pending before the ECI, which is empowered by Articles 324 and 329 of the Constitution to take appropriate action against any political party that violates the MCC.

The appeal filed by the BJP argued that the single judge issued a broad interim ruling that is final even though she noted that the ECI is handling the case and that a show-cause notice had been sent. It regretted that the restraining order would severely hinder its capacity to run for office. The single-judge court chastised the ECI in its May 20 ruling for its “gross failure” to handle concerns about “derogatory” advertisements the BJP had issued against the TMC. It also barred the opposition party from releasing any materials that violated the MCC. Political parties, leaders, and candidates are prohibited by the MCC from disparaging their rivals based on unsubstantiated claims.