HC Div Bench refuses to interfere with Single Bench order on BJP ads during MCC period

Kolkata: The Calcutta High Court Division Bench on Wednesday refused to interfere with the interim order of Single Bench which restricted Bharatiya Janata Party (BJP) from publishing any advertisement which is in violation of the Model Code of Conduct (MCC) issued by the Election Commission of India (ECI).

The BJP had made the intra court appeal challenging the order passed by the Single Bench. The advocate representing BJP contended that they were “not served, not heard and in their absence an order was passed”.

The advocate representing BJP argued that in absence of such procedure, the order is liable to be set aside. It was further contended the writ petition filed by Trinamool Congress (TMC) was not maintainable since they had already submitted representation to ECI, who had showcased BJP. Hence, according to the advocate’s submissions, TMC ought not to have approached the Court. In case the submissions of BJP were not heard, the Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya stated that they can approach the Single Bench for review of the order or for modification or recalling the observations. “Therefore at this juncture we are not inclined to entertain this appeal,” Division Bench stated.

With regards to the advertisements made, Chief Justice Sivagnanam observed: “There should be some laxman rekha.” He further observed that if the political parties keep fighting amongst themselves, “unfortunately the victim is the one who is going to elect people to office”.

The Single Bench had further slammed ECI for “grossly failing” to address the complaints raised by TMC against the alleged slanderous advertisements in due time. 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.

Relying on the provisions of Manual of Model Code of Conduct (MCC) and Media Compendium issued by ECI, the senior counsel representing the petitioner (TMC) 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 further submitted that despite the repeated complaints lodged with ECI, it was alleged that the Commission had not taken any steps.