The Calcutta High Court, on Monday, interdicted the Bharatiya Janata Party (BJP) from disseminating any defamatory advertisements against the Trinamool Congress (TMC) that infringe upon the electoral Model Code of Conduct (MCC) until June 4, pending further judicial directives. The judiciary also censured the Election Commission of India (ECI) for its tardiness in addressing these transgressions.
The Court discerned that BJP’s advertisements during the ‘silence period’—the day preceding the election and the polling day—transgressed the MCC and encroached upon the TMC’s rights and the electorate’s entitlement to free and equitable elections.
In a pointed observation, the High Court stated, “A meticulous examination of the contentious advertisements circulated this month unequivocally reveals their contravention of the MCC, which proscribes election participants from assailing other parties or their affiliates based on unverified allegations or distortions.”
Justice Sabyasachi Bhattacharyya, who presided over the High Court’s single-bench, lambasted the ECI for its dereliction in addressing the TMC’s grievances concerning the BJP’s advertisements aimed at the ruling party in West Bengal.
Justice Bhattacharya articulated, “The ECI has egregiously failed to address the TMC’s complaints in a timely fashion. This Court is taken aback by the realization that resolving complaints post-election is an exercise in futility. Due to the ECI’s inaction, the court is necessitated to issue an injunctive decree.”
The Court’s pronouncement was in response to a petition filed by the TMC, seeking an injunction against the BJP for several disparaging advertisements published in periodicals against the Mamata Banerjee-led faction. One particular advertisement, highlighted by the TMC’s legal representative, read ‘Sanatan Virodhi Trinamool’ (Trinamool Opposes Sanatan).
As reported by the Indian Express, the counsel contended that the advertisements blatantly violated the MCC, which prohibits advertisements masquerading as news articles, particularly those that touch upon caste and religious sensitivities. The TMC had lodged multiple complaints with the ECI subsequent to each publication, but these grievances were met with silence.
