The Supreme Court on Monday refused to interfere with 22 May, Calcutta High Court order prohibiting Bharatiya Janata Party from publishing advertisements in the ongoing general election, that are derogatory to Trinamul Congress (TMC), noting that the BJP advertisements against TMC were prima facie “disparaging”.
Describing the BJP advertisements in the ongoing general election targeting TMC as “disparaging”, a vacation Bench of Justices J K Maheshwari and K V Viswanathan said, “This is not in the interests of the voter. This will degenerate…,” and “Don’t precipitate the issue, we are not inclined to interfere.”
Taking exception to the advertisements that were published by the BJP eventually inviting the clamp down by the Calcutta High Court, Justice Viswanathan said, “We have seen the advertisements. Prima Facie, the advertisements are disparaging. You can say you are the best…but…we don’t want to lend our hands to promote further acrimony.”
Finding that the top court was not inclined to interfere with the high court order by a Division Bench, which had reaffirmed the order passed by the single judge restraining BJP from publishing derogatory advertisements against TMC, senior advocate P S Patwalia, appearing for the BJP, sought to withdraw the petition. Permitting Patwalia to withdraw the petition, the Bench said that BJP can contest the case before the single-judge of the high court.
“Petitioner is given liberty to contest the notices issued against them through counter affidavits which shall be considered in accordance with law,” the Bench said dismissing the petition as withdrawn, with Justice Viswanathan observing, “Your rival is not an enemy”.
Senior advocate Abhishek Manu Singhvi assisted by advocate Amit Anand Tiwari appeared for the Trinamul Congress.
On last Friday, May 24, the BJP had approached the top court challenging the Calcutta High Court order restraining it from publishing any kind of derogatory advertisements against the Trinamul Congress which violated the model code of conduct during the ongoing general election to Lok Sabha.
The BJP had challenged the 22 May order of the Division Bench of Calcutta High Court refusing to interfere with a single-judge order directing the BJP not to publish any advertisement violating the model code of conduct during the Lok Sabha election.
While refusing to interfere with the single judge order, the Division Bench had observed that a “Laxman Rekha” should be adhered to and there should not be any personal attack on the part of any political party.
The Division Bench had also underlined that it was imperative that all political parties follow healthy electoral practices, as the ultimate victim of misleading electoral campaigns was the voter.
The BJP had contended before the Division Bench that the single judge passed the order without giving it any hearing.