SC refuses to entertain BJP plea against HC order on ads targeting TMC

The Supreme Court on Monday (May 27) turned down a plea filed by the BJP challenging the Calcutta High Court order that had refused to interfere with a single-judge verdict restraining the party from issuing advertisements that violate the Model Code of Conduct during the Lok Sabha polls.
Refusing to scrap the high court order, a vacation bench of Justices J K Maheshwari and K V Viswanathan, called the advertisements – which targeted the ruling Trinamool Congress (TMC) – “disparaging” and “slanderous”, and said the court cannot allow the party to “promote further acrimony”.
“Prime facie the advertisements are disparaging. We cannot promote further acrimony, of course you can promote yourself,” the bench said.
The top court also asserted that such adverts will only help the concerned political party and not the voter.
Seeing the bench’s disinclination to entertain the matter, senior advocate P S Patwalia, appearing for the BJP, sought permission to withdraw the petition. The matter was dismissed as withdrawn.
Single-judge bench verdict
On May 22, a division bench of Calcutta High Court had said it was not inclined to entertain the appeal against the interim order passed by the single-judge bench.
The single-judge bench on May 20 had restrained the BJP from publishing advertisements that violated the Model Code of Conduct until June 4, the day the Lok Sabha poll results are scheduled to be declared.
The court had also restrained the saffron party from publishing the advertisements mentioned by the TMC in West Bengal, in its petition claiming unverified allegations against it and its workers.
During Monday’s hearing, the BJP’s counsel argued before the justices that the advertisements were based on facts and that the single-judge bench didn’t listen to the party’s stand.
The Supreme Court, however, sternly said that it will not interfere with the judgement of the high court.
“Please see pages so and so. You are magnifying the issue here. We are not inclined to interfere,” the apex court said.
While allowing the petition to be withdrawn, the top court, however, said that the BJP can contest the matter before the single-judge bench of the high court.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,” the court said.
While addressing the BJP’s counsel at the end of the hearing, the top court remarked “your rival is not an enemy”.

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