Supreme Court Declines BJP’s Plea Against High Court Order On Offensive Advertisements

On Monday, the Supreme Court dismissed the plea filed by the Bharatiya Janata Party (BJP) challenging a Calcutta High Court order restraining the party from publishing offensive advertisements against the Trinamool Congress (TMC).

The bench, led by Justice J K Maheshwari, expressed concern over the disparaging nature of the ads and declined involvement in further discord.

Senior advocate P S Patwalia, representing the BJP, argued that the advertisements were factually accurate and criticized the high court’s ex-parte injunction.

However, sensing the court’s reluctance, Patwalia withdrew the petition.

The bench, including Justice K V Viswanathan, accepted the withdrawal, allowing the appellant to contest the matter before the Calcutta High Court.

Last week, the Calcutta High Court issued an interim injunction barring the publication of ads violating the political rights of the TMC.

Justice Sabyasachi Bhattacharyya noted that the Model Code of Conduct prohibits unsubstantiated criticism in the election process and criticized the Election Commission of India for delayed action on complaints raised by the TMC.

The high court restrained the BJP from publishing such ads until 4 June 2024, or until further notice, and from violating the MCC during this period.

In its plea before the Supreme Court, the BJP argued that the high court’s injunction was premature, as the matter was under the jurisdiction of the Election Commission of India.

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