On Monday, the Supreme Court declined to entertain a plea filed by the Bharatiya Janata Party (BJP) challenging a Calcutta High Court order that restrained the publication of “offending” advertisements against the Trinamool Congress (TMC).
A bench led by Justice J.K. Maheshwari remarked that the advertisements appeared prima facie “disparaging” and that the apex court could not facilitate further acrimony. Senior advocate P.S. Patwalia, representing the BJP, argued that the ads were based on facts and criticized the High Court for issuing an ex-parte injunction. However, recognizing the Supreme Court’s reluctance to entertain the plea, Patwalia sought permission to withdraw the petition.
The bench, which also included Justice K.V. Viswanathan, dismissed the plea as withdrawn but clarified that the BJP could contest the proceedings in the Calcutta High Court.
Last week, the Calcutta High Court issued an ex-parte injunction prohibiting the publication of advertisements that it found to violate the political rights of the Trinamool Congress and its functionaries. Justice Sabyasachi Bhattacharyya noted that the Model Code of Conduct (MCC) forbids election participants from criticizing other parties or their workers based on unverified allegations or distortions. The court criticized the Election Commission of India for failing to address the TMC’s complaints in a timely manner.
The High Court’s order stated, “Accordingly, respondent no. 2 (BJP) is hereby restrained from further continuing with the publication of the offending advertisements… till June 04, 2024, or until further order, whichever is earlier. The respondent no. 2 is further restrained from publishing advertisements in any form of media which is violative of the MCC issued by the ECI during the aforesaid period.”
In its special leave petition to the Supreme Court, the BJP argued that the High Court erred by granting an interim injunction based on an alleged MCC violation without considering that the issue was pending before the Election Commission of India, which has the authority to take appropriate action against any political party.
