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NCP Dispute: Supreme Court Asks Sharad Pawar & Ajit Pawar Groups To Comply With Earlier Directions On Use Of Symbols
Gyanvi Khanna
4 April 2024 8:11 AM GMT
In the matter related to rift within the Nationalist Congress Party(NCP), the Supreme Court on Thursday (April 04) directed both Ajit Pawar and Sharad Pawar groups to strictly abide by the Court's previous interim order passed on March 19, 2024.The Court directed that the Sharad Pawar group, its party office bearers, workers and supporters shall only use the name "NCP( Sharad Pawar)" and...
In the matter related to rift within the Nationalist Congress Party(NCP), the Supreme Court on Thursday (April 04) directed both Ajit Pawar and Sharad Pawar groups to strictly abide by the Court's previous interim order passed on March 19, 2024.
The Court directed that the Sharad Pawar group, its party office bearers, workers and supporters shall only use the name "NCP( Sharad Pawar)" and the symbol "man blowing turha (trumpet)". "In other words, the applicant-petitioner(Sharad Pawar) or supporters shall not use the symbol clock," the Court stated in its order. This was after the Ajit Pawar section alleged that the Sharad Pawar group was still using the 'clock' symbol.
The Court also directed the Ajit Pawar group to "meticulously comply" with the earlier direction to add disclaimers in all their campaign materials that the use of the 'clock' symbol was sub-judice.
After the Court pointed out that the public notices issued by the Ajit Pawar group regarding the subj-judice nature of the 'clock' symbol were in small corners of the newspapers, their lawyer Senior Advocate Mukul Rohatgi agreed to issue public notices in "more prominent spaces in the newspapers". He also assured that the office bearers, candidates and supporters will be sensitised to ensure that there is no defiance of the Court order.
The Court also directed the Sharad Pawar group to ensure that their workers and supporters abide by the Court's order.
A bench comprising Justices Surya Kant and KV Viswanathan was hearing two applications. One was moved by the Sharad Pawar group, which alleged non-compliance by the Ajit Pawar group (now officially recognized as the NCP by the Election Commission of India) with the recent Court directive from March 19.
While the other application came from Ajit Pawar's faction seeking to modify a requirement in the order regarding disclaimers in every “pamphlet, advertisement, audio, or video clips issued”. Both the applications were disposed of by the Supreme Court today. The Court said that there was no need to initiate contempt action or to modify the earlier order.
For ready reference, the concerned portion of the March 19 direction to the Ajit Pawar group reads as:
"..issue a public notice in the newspapers with Marathi, Hindi and English editions, notifying that the allocation of the “clock” symbol is sub-judice before this Court and the respondents have been permitted to use the same subject to the final outcome of these proceedings. Such a declaration shall be incorporated in every pamphlet, advertisement, audio, or video clips to be issued on behalf of the respondents(NCP)."
These applications were moved in a Special Leave Petition filed by the Sharad Pawar group challenging the Election Commission's decision to officially recognize the Ajit Pawar group as the real NCP and allot them the party symbol 'clock'.
Hearing today
In today's hearing, Senior Advocate Dr Abhishek Manu Singhvi, appearing for Sharad Pawar, presented certain advertisements and posters published by the Ajit Pawar group, in print, electronic and social media, and alleged that none of them carried the disclaimer that the use 'clock' symbol was sub-judice. Singhvi also submitted that the Ajit Pawar group also made misleading claims that the Supreme Court has allowed them to use the 'clock' symbol. "Sometimes half-truth is more dangerous than falsehood," Singhvi said.
Singhvi argued that the Court allowed them to use the 'clock' symbol with a disclaimer in lieu of an order restraining the use of such symbol. He added that the tweets posted from the main Twitter handle of NCP (@mahancpspeaks) also used the 'clock' symbol without the mandatory disclaimer.
In his turn, Senior Advocate Mukul Rohatgi, appearing for Ajit Pawar, alleged that the Sharad Pawar group was using the clock symbol and wasn't using the name allowed by the Court NCP(Sharad Pawar).
Clarifying that the bench was not going to modify the previous order, the bench advocated an amicable approach. Justice Surya Kant said that the Court was not doubting the bona fides of either party in complying with the order, despite certain transgressions.
"We have no doubt about the bona fide of the parties..we understand the difficulty at the grassroots level, but your office bearers should understand..." Justice Kant said.
While hearing this SLP, the bench had earlier asked the Ajit Pawar group to not use the name and images of Sharad Pawar in their campaign materials.
Later, on March 19, the Court permitted the Ajit Pawar group to use the Clock symbol, with the above-mentioned conditions. Following this, yesterday (on April 03), the Sharad Pawar group approached the Court in an urgent mentioning, alleging that the Ajit Pawar group had not complied with the March 19 direction.
In view of this, the Supreme Court had asked the Ajit Pawar group to show how many advertisements were published after the Court order of March 19. Not only this, but the Court had also orally said that nobody has a right to misconstrue its order deliberately, and a serious view would be taken if the Court's order was defied.
Case Title: Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024
