Supreme Court Refuses BJP's Plea Against HC Order on 'Disparaging' Election Ads - 2024-05-28

Supreme Court Refuses BJP's Plea Against HC Order on 'Disparaging' Election Ads

In a significant development, the Supreme Court on Monday declined to entertain a petition filed by the Bharatiya Janata Party (BJP) against a Calcutta High Court order that refused to interfere with a single-judge verdict directing the party not to publish any advertisement violating the Model Code of Conduct during the Lok Sabha election.

A vacation bench of Justices JK Maheshwari and KV Viswanathan refused to interfere with the high court order, stating that the advertisements were 'prima facie disparaging'.

"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," Justice Viswanathan said.

The BJP had published at least four advertisements in vernacular dailies, portraying the ruling Trinamool Congress (TMC) party as corrupt and one that is against the Hindus and claiming that women are not safe under the present regime. The TMC had filed multiple complaints with the Election Commission (EC) and later moved the high court after alleged inaction by the poll body.

The Calcutta High Court had earlier pulled up the EC for its 'gross failure' to address complaints about the 'derogatory' advertisements published by the BJP against the TMC in West Bengal, and restrained the opposition party from carrying out materials that are in violation of the Model Code of Conduct (MCC).

The Supreme Court's decision to refuse to entertain the BJP's plea is a significant victory for the TMC and a setback for the BJP's campaign tactics in the state. The court's observation that 'your rival is not your enemy' underscores the importance of maintaining a healthy and constructive political discourse during elections.

The BJP has now been granted liberty to approach the Calcutta High Court to contest the notices issued by the single-judge bench, but the Supreme Court's refusal to interfere with the high court order is a clear message that the judiciary will not tolerate blatant violations of the MCC and attempts to sway voters through 'disparaging' advertisements.