‘Your rival is not your enemy’: Supreme Court declines to entertain BJP plea against order on ‘disparaging’ ads about Trinamool

The Calcutta High Court has restrained BJP from publishing any derogatory advertisements about TMC that violate the model code of conduct till June 4 and until further orders.

The court had also restrained the saffron party from publishing the advertisements mentioned by the ruling Trinamool Congress (TMC) in West Bengal. (Express file photo/Representational)

The Supreme Court on Monday declined to entertain the West Bengal BJP’s plea challenging a Calcutta High Court order that restrained it from publishing certain advertisements targeting the ruling Trinamool Congress in the state.

Senior advocate S S Patwalia, appearing for the BJP, told a two-judge vacation bench of Justices J K Maheshwari and K V Viswanathan that the advertisements were based on facts.

But Justice Viswanathan said, “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.”

“This is not in the interests of the voter,” he said. “Your rival is not your enemy.”

Justice Maheshwari said, “Don’t precipitate the issue. We are not inclined to interfere.”

Patwalia then chose to withdraw the petition saying he would file a reply before the single judge of the high court before whom it is pending. The apex court allowed this and dismissed the petition as withdrawn.

On May 20, the single bench of Justice Sabyasachi Bhattacharyya restrained the BJP from publishing any kind of derogatory advertisements about the TMC that violate the model code of conduct till June 4 and until further orders.

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The high court noted that the advertisements published during the “silence period” (a day prior to the polling day) were violative of the model code of conduct and also impinged on TMC’s rights and also the citizens’ right to free and fair elections.

The single-judge bench also criticised the Election Commission of India for “grossly failing” to address complaints filed by the TMC against the BJP advertisements that targeted the ruling party in West Bengal.

Ananthakrishnan G

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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