BJP Moves Supreme Court Against Calcutta High Court Order On Advertisements

The Bharatiya Janata Party (BJP) has taken its battle against a Calcutta High Court order to the highest judicial echelons.

The BJP is challenging a ruling that restrained the party from publishing what the court deemed ‘derogatory’ and ‘offending’ advertisements targeting the Trinamool Congress.

On Friday, the BJP brought the matter before a vacation bench led by Justice Bela M Trivedi, seeking urgent listing and directions.

Despite initial reluctance, the bench, which also included Justice Pankaj Mithal, expressed openness to considering the plea after persistent persuasion by the BJP’s legal representatives.

The crux of the dispute stems from an injunction issued earlier this week by the Calcutta High Court, which barred the BJP from disseminating advertisements deemed to infringe upon the political rights of the Trinamool Congress and its members.

Justice Sabyasachi Bhattacharyya, heading the bench, emphasized the violation of the Model Code of Conduct (MCC), which proscribes baseless allegations or distortions in criticism among electoral contestants.

The high court further criticized the Election Commission of India (ECI) for what it termed a ‘gross failure’ to promptly address complaints lodged by the ruling Trinamool Congress.

Consequently, the court ordered a temporary injunction against the BJP, restraining it from publishing contentious advertisements until 4 June 2024, or until further judicial notice, and prohibited any future advertisements that contravene the MCC.

With the legal battle escalating, the BJP’s move to appeal to the Supreme Court underscores the intensity of the political contestation in West Bengal.

This legal confrontation not only highlights the contentious nature of electioneering but also raises pertinent questions about the limits of political discourse and the role of regulatory bodies in ensuring a fair electoral process.

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