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BJP Moves Supreme Court Against Calcutta HC Order Restraining Publication Of Derogatory Ads Against Trinamool Congress
Gyanvi Khanna
24 May 2024 7:49 AM GMT
The Bharatiya Janata Party (BJP) has approached the Supreme Court against the Calcutta High Court's order restraining it from printing certain derogatory advertisements against the Trinamool Congress (TMC), which are derogatory and violated the Model Code of Conduct during the Lok Sabha Elections, 2024.The Special Leave Petition filed by the BJP was mentioned today before a vacation bench...
The Bharatiya Janata Party (BJP) has approached the Supreme Court against the Calcutta High Court's order restraining it from printing certain derogatory advertisements against the Trinamool Congress (TMC), which are derogatory and violated the Model Code of Conduct during the Lok Sabha Elections, 2024.
The Special Leave Petition filed by the BJP was mentioned today before a vacation bench of Justices Bela Trivedi and Pankaj Mithal for urgent hearing. The counsel, explaining the urgency, stated an "ex-parte" order was passed against the party, which was to be in force till June 4.
However, the bench expressed disinclination to consider the matter today. "Why don't you move the next vacation bench?" Justice Trivedi asked. When he counsel insisted for an urgent hearing, Justice Trivedi said, "We will see." Nevertheless, the matter was not taken up today.
Last week, High Court's single bench of Justice Sabyasachi Bhattacharyya noted that advertisements were violative of the MCC as well as the guidelines set by the Press Council of India. The Court also slammed the Election Commission of India (ECI) for its inaction on the matter till the present writ petition was filed.
It was stated that although a complaint had been made before the ECI there was no action taken, till a resolution was taken out after filing of the writ petition.
Accordingly, the Court directed that the respondents shall be restrained from publishing the impugned advertisements till the conclusion of the elections on 4th June or until further orders.
This order was affirmed by the division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya. The Court also expressed concern over the fashion in which the ads in question were published.
“You (BJP) are a national party. There should be an internal mechanism either at centre or state level which will approve what propaganda can be printed. there should be some Lakshman Rekha sir. National parties filing this…we are not complimenting them (TMC)…but imagine the impact on normal people. Normally any ad will contain a companies logo and their colour scheme. This is an ad by a party which does not have their colour scheme or logo. If you people keep fighting amongst yourselves, the victim is the person who is going to elect his representative…they get misinformed.,” the Court marked while dismissing an appeal.
