Kolkata: The Calcutta High Court on Monday restrained the BJP from publishing advertisements in any form of media which is violative of the Model Code of Conduct (MCC) issued by the Election Commission of India (ECI).
The Court further slammed ECI for “grossly failing” to address the complaints raised by TMC against the alleged slanderous advertisements in due time.
The matter was heard by Justice Sabyasachi Bhattacharyya. “This court is surprised that no resolution worth the name has been arrived at regarding the said complaints till date, more so, since most of the phases of the electoral process are already over and only two phases are left and the entire election process shall be concluded by June 04, 2024,” Justice Bhattacharyya observed.
Relying on the provisions of Manual of Model Code of Conduct and Media Compendium issued by ECI, the senior counsel representing the petitioner argued that criticism of other parties or their workers based on unverified allegations or distortion is to be avoided.
It was further argued that the print media should refrain from publishing any unverified allegation against any candidate or political party, either directly or impliedly as per the guidelines.
It was also submitted that despite the repeated complaints lodged with ECI, it was alleged that the Commission had not taken any steps.
It was submitted that only after the writ petition was filed that a communication was made by the Commission who issued a show cause notice to BJP which is to be replied by May 21.
Counsel for the ECI stated that the only remedy available to the petitioners was in the form of election petition and that such prayers in injunction could not be entertained at this stage. However, Justice Bhattacharyya observed that the challenge hits at the rights of the petitioner and its functionaries under Article 21 (No person shall be deprived of his life or personal liberty) and Article 19 (Freedom of Speech and Expression) of the Constitution of India, in order to practice, profess and propagate their political philosophy as well as to have a right to a free and fair electoral process.
“Thus, the petitioner, as any other political party, is also entitled under Article 14 of the Constitution of India to seek that the court ensures free and fair play in the electoral process and to protect the rights of any and every political party in that regard,” the court observed.