BJP Challenges Calcutta High Court’s Ban on Controversial Election Ads in Supreme Court
In a recent legal tussle, the Bharatiya Janata Party (BJP) has approached the Supreme Court challenging a Calcutta High Court order that restrained it from publishing certain controversial advertisements against the Trinamool Congress (TMC). The contentious advertisements were deemed offensive and violative of the Model Code of Conduct (MCC) for the upcoming Lok Sabha elections in 2024.
Background of the Case
The Calcutta High Court’s single bench, presided over by Justice Sabyasachi Bhattacharya, had previously ruled that the advertisements in question violated both the MCC and the guidelines prescribed by the Press Council of India. The High Court criticized the Election Commission of India (ECI) for its inaction on the matter despite a complaint being lodged before the filing of the writ petition.
Justice Bhattacharya’s order mandated that the BJP refrain from publishing the controversial advertisements until the completion of the elections on June 4 or until further orders. The High Court’s division bench, comprising Chief Justice TS Sivaganam and Justice Hiranmoy Bhattacharya, upheld this ruling. The bench emphasized the importance of maintaining decorum in political advertising, especially during the election period.
BJP’s Appeal to the Supreme Court
Dissatisfied with the High Court’s order, the BJP filed a Special Leave Petition (SLP) in the Supreme Court, seeking an urgent hearing. The petition was mentioned before a leisure bench consisting of Justice Bela Trivedi and Justice Pankaj Mittal. The BJP’s advocate argued the urgency, highlighting that the High Court’s order was “unilateral” and effective until June 4.
Despite the urgency emphasized by the BJP’s advocate, Justice Trivedi expressed reluctance to consider the case immediately and suggested waiting for the next available leisure bench. When the advocate pressed further for an urgent hearing, Justice Trivedi remarked, “We will see.” Consequently, no hearing was conducted at that time.
High Court’s Stance on Election Advertisements
The High Court’s division bench underscored the significance of internal checks within political parties to approve promotional content. The judges stressed that a national party like the BJP should have mechanisms at both central and state levels to ensure that any promotional material adheres to ethical standards and does not mislead the public.
The bench’s observation highlighted the broader issue of misleading political advertisements and their impact on voters. The court noted that while political parties might engage in rivalry, the ultimate victim of such contentious advertisements is the common voter, who might be misled by inaccurate information.
Also Read: Supreme Court Ruling: Hindu Women Must Possess Property to Claim Wholly Owned Status Under HUF
Implications for Future Political Advertising
This case brings to light the crucial role of the judiciary in upholding the integrity of the electoral process. It also raises pertinent questions about the responsibilities of political parties in ensuring that their campaign materials are truthful and respectful. The ruling serves as a reminder that while robust political debate is essential for democracy, it must be conducted within the bounds of decency and legality.
As the Supreme Court considers the BJP’s petition, the outcome will likely have significant implications for political advertising standards in India. It underscores the judiciary’s commitment to maintaining a fair and transparent electoral process, ensuring that voters are well-informed and not swayed by misleading or offensive advertisements.
Conclusion
The BJP’s challenge to the Calcutta High Court’s order on controversial advertisements underscores the tension between political strategy and ethical campaigning. As the Supreme Court reviews the petition, the judiciary’s role in safeguarding the integrity of elections will be in sharp focus. This case serves as a pivotal moment in reinforcing the standards of political advertising in India, ensuring that democracy is upheld through fair and truthful electoral practices.
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