Supreme Court rejects BJP appeal against Calcutta HC ban on anti-TMC ads

Lok Sabha elections 2024: Calling the BJP advertisements 'disparaging', the top court urged restraint, reminding that political adversaries aren't enemies

The Supreme Court on Monday declined to review the Bharatiya Janata Party’s (BJP) petition challenging the Calcutta High Court’s ruling that barred the party from running advertisements allegedly breaching the model code of conduct (MCC).

Justices J K Maheshwari and K V Viswanathan, members of a vacation bench, opted not to interfere with the high court’s decision, reported Bar and Bench.

Expressing concern over escalating tensions between the BJP and Mamata Banerjee-led TMC, the Supreme Court cautioned against the dissemination of such ads, deeming them detrimental to voters’ interests and likely to degrade discourse. It urged restraint, reminding that political adversaries aren't enemies. The BJP was permitted to withdraw its appeal.

“We cannot allow furthering of this acrimony between BJP and TMC. Such advertisements are not in (the) interest of voters and would only degenerate the debate. Don’t precipitate the issue. Remember political rivals are not enemies. BJP was allowed to withdraw (the) appeal,” the top court said.

“Prima facie, the advertisement is disparaging,” the bench added.

Senior advocate P S Patwalia, representing the BJP, sought to withdraw the case upon sensing the bench’s reluctance.

Earlier on May 22, a division bench of the High Court declined to intervene in the interim order of a single judge, emphasising the importance of all parties adhering to fair electoral practices, underscoring that voters are the ultimate casualties of deceptive electoral campaigns.

On May 20, the single-judge bench urged the BJP against circulate ads that violate the MCC until June 4, the day of the Lok Sabha poll results. The court also prohibited the BJP from publishing the specific ads cited by the TMC in its petition alleging unfounded accusations against the party and its members.

Calcutta HC bans BJP’s derogatory ads, slams Election Commission

The court had restrained the BJP from publishing the advertisements mentioned by the ruling Trinamool Congress (TMC) in West Bengal, in its petition alleging unverified claims against it and its workers.

Justice Sabyasachi Bhattacharyya, presiding over a single bench, noted that the advertisements in question breached both the MCC and the Press Council of India guidelines. He pointed out the Election Commission’s failure to act promptly, necessitating the court’s intervention.

“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 Bhattacharyya said.

The court deemed the allegations and publications against the TMC as derogatory and intended to insult rivals and launch personal attacks, thereby contradicting the MCC and infringing upon the rights of the petitioners and Indian citizens to a free and fair electoral process.