The Supreme Court has directed the Ajit Pawar faction of the Nationalist Congress Party to file a fresh undertaking that it will “meticulously” comply with the Court’s earlier direction to publish the disclaimer that the traditional NCP ‘clock’ symbol is sub judice.

The Sharad Pawar faction of the party approached the Court alleging that there has been non-compliance of the Court’s earlier Orders. On March 19, Court had directed the Ajit Pawar faction to publish advertisements with a disclaimer that a legal dispute is ongoing between their faction and the faction headed by Sharad Pawar over the allocation of ‘clock’ party symbol. The ‘clock’ symbol currently rests with the Ajit Pawar faction, while the Sharad Pawar faction uses the symbol of ‘man blowing turha’ (a traditional trumpet).

Senior Advocate Dr. Abishek Manu Singhvi, appearing for the Sharad Pawar faction, submitted that Maharashtra Assembly Elections are around the corner and alleged that the intention of the Ajit Pawar faction in not complying with the direction on disclaimer is to “ride piggyback on me”. The idea of their current application is to ensure “voting fairness and level playing field,” he said.

A three-judge Bench of Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan issued notice to the Ajit Pawar faction and directed the faction to file a reiteration of their earlier undertaking that the directions contained in the Court’s Orders of March 19 and April 4 would be compiled with during the process of legislative assembly elections.

During the course of the hearing, Dr. Singhvi submitted screenshots of the Ajit Pawar's factions social media handles and campaign materials to argue that the Court's directions have not been complied with. "Nobody should enjoy the goodwill of a symbol which is sub judice," Dr. Singhvi told the Bench.

Senior Advocate Balbir Singh, appearing for the Ajit Pawar faction opposed the Sharad Pawar faction's submissions about its non-compliance. He brought to Court pamphlets and fliers published by the faction as proof of compliance, though the Bench did not examine them. Balbir Singh sought time to file an affidavit explaining Ajit Pawar's stand.

"Once we have issued certain directions, it has to be complied with meticulously. You file your reply," Justice Kant told Balbir Singh. "There were some directions to the petitioner also. We expect both sides to make sure that our directions are complied with. Don't create any embarrassing situations for yourself."

Towards the end of the hearing, Dr. Singhvi submitted that the Court is entitled to initiate contempt proceedings suo moto. To this, Justice Kant said, "Once we find that there is a deliberate attempt to deviate (from) or violate or defile any of our directions, we will take suo moto."

The Bench will take up the matter on November 6 for further hearing.

Cause Title: Sharad Pawar v. Ajit Anantrao Pawar And Anr. [SLP(C) 4248/2024]

Justice Surya KantJustice Ujjal BhuyanJustice Dipankar Datta

Tushar Kohli