The Bharatiya Janata Party had Thursday moved the Supreme Court against a Calcutta High Court order restraining it from publishing "derogatory" or "slanderous" advertisements targeting the Trinamool Congress party.
The BJP cannot publish derogatory advertisements against Trinamool Congress, especially during the 'silence period' (a day prior to the polls and the polling day), the Calcutta High Court ruled last week.
The Supreme Court on Monday refused to entertain the Bharatiya Janata Party (BJP)'s petition against a Calcutta High Court order restraining it from publishing "derogatory" or "slanderous" advertisements targeting the Trinamool Congress (TMC) party during ongoing Lok Sabha elections. [Bharatiya Janata Party vs All India Trinamool Congress and ors]
"Why should we interfere, we have seen the advertisements, and prima facie they are offensive," the Supreme Court said as it refused to interfere with the high court order
A Vacation Bench of Justice JK Maheshwari and Justice KV Viswanathan said that the advertisements published by BJP were prima facie disparaging.
"Prima facie the advertisements are disparaging. We cannot promote further acrimony, of course, you can promote yourself," the Court said.
The Court further remarked that such ads will not help the voter. "(It will) Only (help) you," Justice Viswanathan remarked.
A division bench of the High Court had earlier declined to interfere with the single judge's interim order and emphasized that it was imperative that all political parties follow healthy electoral practices, as the ultimate victim of misleading electoral campaigns was the voter.
✦ During the hearing today, Senior Advocate PS Patwalia, who represented BJP, argued that the ads were based on facts and that the party was not heard by a single judge. However, the Supreme Court after looking at the ads said it was not inclined to interfere with the High Court order.
"Please see pages so and so. You are magnifying the issue here. We are not inclined to interfere," the Court said.
As the Court was not convinced by Patwalia's arguments and made clear its intention to dismiss the plea, the senior counsel sought to withdraw the case.
While allowing the request, the Court said the BJP could contest the case before a 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," it ordered.
✦ Senior Advocates Dr. Abhishek Manu Singhvi and Amit Anand Tiwari appeared for the TMC.
Earlier, while restraining the BJP from publishing such ads, Justice Sabyasachi Bhattacharyya of the Calcutta High Court had also pulled up the Election Commission of India (ECI) for "grossly failing" to address the complaints filed by the TMC against the BJP ads that targeted the ruling party in West Bengal. "The ECI has grossly failed to address the complaints of the TMC in due time. This Court is surprised that resolution of the complaints after the conclusion of elections is nothing to the court and as such in due failure on part of the ECI in due time this court is constrained to pass an injunction order," Justice Bhattacharya had said in the order.
That order had been passed on a petition by the TMC. At the end of the hearing, Justice Vishwanathan, while addressing the BJP counsel, said, "Your rival is not an enemy!"