BJP moves SC against Calcutta HC order restraining it from publishing ads against TMC

BJP moves Supreme Court against Calcutta HC order

Bharatiya Janata Party (BJP) on May 24 moved the Supreme Court against Calcutta HC order against refusing to lift the stay order restraining it from publishing advertisements against the Trinamool Congress (TMC), which violated the model code of conduct (MCC).

A single-judge bench of the Calcutta High Court (HC) had restrained BJP from publishing advertisements against TMC for violation of MCC. The saffron party had approached a division bench of the Calcutta HC against this order, however the division bench refused to interfere with it. BJP has challenged the division bench's order, which upheld the single judge's order.

The plea said "Such interim relief granted by the High Court was beyond the prayer sought by the All India Trinamool Congress (“AITMC”) which was limited only to the grant of interim order directing ECI to take steps in accordance with law."

In essence, BJP has said that the Calcutta High Court could not have passed the order as it was beyond what TMC had asked for in the plea. BJP has contended that TMC had only sought for directions against the Election Commission of India (ECI).

According to BJP, the issue was already pending with the ECI, the party has contended that only ECI can rule on issues pertaining to violation of MCC.

Casefile:

TMC had approached the Election Commission against the advertisements. While issuing the notices, the poll watchdog reminded the BJP leader about the provisions of the model code of conduct, which deals with criticism based on unverified allegations, and its recent advisory to parties that states unverified and misleading advertisements should not be published in the media.

A single bench of Justice Sabyasachi Bhattacharyya had restrained the BJP from publishing advertisements in any form of the media which is violative of the MCC till June 4 or until further notice.

The court had observed that a perusal of the newspaper advertisements annexed by petitioner TMC evince that those are in violation of the MCC.

It also criticised the Election Commission (EC) for not addressing the complaints promptly, especially with most phases of the Lok Sabha elections already completed.

On May 22, a two-judge bench declined to life stay on BJP from publishing advertisements against the TMC, which violated the model code of conduct.

The Court clarified that during elections the print media shall refrain from publishing any unverified information against any candidate or political party.