The Supreme Court on Monday refused to entertain a plea filed by the Bharatiya Janata Party (BJP) against a Calcutta High Court order banning the publication of advertisements “defamatory” to the Trinamool Congress ( TMC).
During the hearing, Justice J. K. Maheshwari said that the advertisement was “offensive” and the Supreme Court could not encourage anger.
Senior counsel Patwalia, representing the BJP, said the notice was based on facts and the high court could not pass such a single order. However, Patwalia learned that the Supreme Court refused to accept the petition and sought permission to withdraw the petition.
The bench, which also included Justice K.V. Viswanathan, dismissed the removal application and clarified that the appellant can challenge the pending proceedings in the Calcutta High Court. In an order issued last week, the Calcutta High Court issued an injunction against advertisements that directly violate the political rights of Trinamool and its workers.
High Court Justice Sabyasachi Bhattacharyya said the Model Code of Conduct (MCC) prohibits all participants in the election process from criticizing other political parties or their activities based on baseless accusations, as the workers misrepresented the facts.
The report said the Election Commission of India had “absolutely failed” to resolve the complaints raised by the ruling Trinamool Congress in a timely manner.
– Therefore, the respondent is absent. The Bharatiya Janata Party 2 (BJP) has been restrained from continuing to publish the said obscene advertisement till June 4, 2024, unless further orders, even earlier. Respondent no. HC directed that Company No. 2 The notice in the notices in violation of the MCC issued by the ECI within the period mentioned above.
In a separate writ petition filed in the Supreme Court, the BJP said the top court was “erroneous” in passing interim orders on alleged violations by the MCC without consider that the matter is still pending before the ECI. It should work directly with a political party.
