"A Rival Is Not Your Enemy": SC Tells BJP That Its Ads Against TMC Are Prima Facie Disparaging; BJP Withdraws SLP Challenging Calcutta HC Order

The Supreme Court refused to entertain Special Leave Petition filed by the Bhartiya Janta Party (BJP) against the order passed by the Calcutta High Court restraining it from publishing advertisements against All India Trinamool Congress (TMC).

The Court remarked that prima facie the advertisements are disparaging. 

The Calcutta High Court had restrained the publishing of advertisement observing that they were violative of the Model Code of Conduct (MCC).

The Bench of Justice J.K. Maheshwari and Justice K.V. Viswanathan ordered, "Learned Counsel for the Petitioner seeks permission to withdraw this SLP with liberty in terms of the division bench order. However, it is open to the petitioner to contest the notices that has been issued by the Single Bench by filing a counter affidavit. Any Application filed by them shall be considered on merits."

Justice Viswanathan also remarked, "A rival is not an enemy."

Senior Advocate PS Patwalia, appearing for BJP, referred to the prayers in the Writ Petition filed before the Calcutta High Court and submitted, "Judgment is erroneous on counts...there is no such prayer for the Court to stay."

Justice Maheshwari said, "If the election is there, then, why we should interfere in this?"

Justice Viswanathan remarked, "Prima facie the advertisements are disparaging. You can promote yourself and say we are the best. But see we cannot lend our hands to promote further acrimony, of course, you can promote yourself."

Patwalia submitted, "Three advertisements are based on facts...we were never even heard."

Justice Viswanathan remarked, "This will not be in the interest of the voter, it will degenerate the debate."

Justice Maheshwari said, "Please do not prosecute here. Need not precipitate. We are not saying don't contest. Sorry, we are not inclined."

On May 23, 2024, the BJP filed the petition and stated, "The Hon’ble Division Bench ought to have considered that the Petitioner was not heard and an ex-parte mandatory injunction was granted at an ad-interim stage by the Ld. Single Bench. It is pertinent to highlight that such interim relief granted by the Hon’ble High Court was beyond the prayer sought by the All India Trinamool Congress which was limited only to the grant of interim order directing ECI to take steps in accordance with law."

The Petition also stated, "The impugned order has been passed affecting the constitutional guarantees of speech provided to the present Petitioner. That the Hon’ble High Court ought to have considered that the order dated 20.05.2024 has been passed in the absence of the present Petitioner and the same has significant impact on the constitutional guarantees of speech provided to the present Petitioner and its members."

TMC was aggrieved by the advertisements published in the newspaper- Ananda Bazaar Patrika, which according to it were based on unverified and false information. Against the said advertisements, TMC had filed written complaints before the Election Commission of India. On the same grounds, TMC had approached the Calcutta High Court and prayed for directions qua the Election Commission of India to take appropriate steps and n order restraining the Petitioner from publishing any further misinformation and defamatory statements.

The TMC party had filed a petition before the Calcutta High Court which was prejudiced adversely by certain advertisements being published in newspapers by BJP. 

The High Court had observed, "...the ECI has grossly failed to address the complaints raised by the petitioner in due time. This court is surprised that no resolution worth the name has been arrived at regarding the said complaints till date, more so, since most of the phases of the electoral process are already over and only two phases are left and the entire election process shall be concluded by June 04, 2024.”

The High Court had restrained BJP from further continuing with the publication of such ads till June 4, 2024, or until further order, whichever is earlier and had restrained the party from publishing ads in any form of media which is violative of MCC during the said period.

Cause Title: Bharatiya Janata Party v. All India Trinamool Congress & Ors. (Diary No. 24545/2024)