On May 20, the Calcutta High Court restrained the Bharatiya Janata Party (BJP) from advertisements against the Trinamool Congress (TMC) which were allegedly derogatory and intended to insult rivals and levelling personal attacks and also pulled up Election Commission of India (ECI) for inaction. The High Court upon going through the advertisements of BJP noted that they were apparently violative of the MCC as well as the guidelines set by the Press Council of India.
A single bench of Justice Sabyasachi Bhattacharya while hearing the Writ Petition Appeal No.14161 of 2024 filed by the All India Trinamool Congress against the Election Commission of India for its inaction on the complaints of TMC over the allegedly slanderous and derogatory advertisements published by the Bharatiya Janta Party in violation of MCC.
The writ petition was filed against the derogatory impugned advertisements dated May 4, 2024, May 5, 2024, May 10, 2024 and May 10, 2024 published by the ruling party BJP in violation of the letter and spirit of the MCC.
Arguments made by the Counsels of TMC, ECI and Newspapers:
On behalf of TMC “petitioner”, senior counsel placed reliance on the provisions of the Manual of Model Code of Conduct and Media Compendium issued by the Election Commission of India. TMC counsel argued that during the election period, the print media should refrain from publishing any unverified allegation against any candidate or political party, either directly or impliedly, as per guidelines issued by the Press Council of India’s election reporting (1996) and further guidelines issued on July 30, 2010 to be followed during election. Further added that, no political party or candidate or any other organization or person shall publish any advertisement in the print media on poll day and one day prior to poll day (silent period).
TMC alleged that despite repeated complaints having been lodged with the ECI, the Commission has not been taking any steps. It is argued by the TMC that virtue of such slanderous advertisements, respondent no. 3 “Newspaper” and other newspapers have been carrying an agenda from the respondent no. 2 “Bharatiya Janata Party”, which is diametrically contradictory to the MCC and demanded injunction which would be facilitate free and fair elections.
Appearing for the ECI, counsel submits that the ECI has power to look into the matter to ensure compliance of its advisories and the MCC. It is contended by the ECI that Article 324 read in conjunction with Article 329 of the Constitution of India which debar the intervention of courts in matters pertaining to the conduct of elections.
On behalf of the Respondent No. 3, counsel submits that the respondent no. 3 is a part of the media, and it falls within the domain of functioning of the media to carry advertisements. Upon due payments having been made and all compliances by the concerned entity, the respondent no. 3 has a right to carry such advertisements and has role to play in the allegations made by the petitioner. There are other newspapers and media platforms which are carrying the advertisements complained of by the petitioner, who have not been impleaded in the present writ petition. Thus, such selective allegation against the respondent no. 3 vitiates the present challenge.
Findings of the High Court on MCC:
In weighing the contentions of the parties, the bench concluded that the said advertisements being directly contradictory to the MCC which operate as guidelines as well as being violative of the right of the petitioner and all citizens of India to a free, fair and untainted election process. The MCC clearly prohibits all participants in the election process from criticism of other parties or their workers based on unverified allegations or distortion.
Rejecting contention of ECI, the bench held that power of issuance of injunctions by writ courts in the context of ensuring free and fair election process is beyond the limited power of the ECI to deal with the complaints.
As per the MCC, during the election period, the print media should also refrain from publishing any unverified allegation against any candidate or political party either directly or impliedly as per guidelines issued by the Press Council of India. The court directed that Bharatiya Janata Party ought to be restrained from further publishing the same until further orders.
Election Commission grossly failed, the High Court slams ECI for inaction:
The bench held “it is also clear that in the garb of advertisements, the present impugned allegations and publications made against the petitioner are outright derogatory and definitely intended at insulting the rivals and levelling personal attacks against its functionaries”.
Further, the court directed that “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”.
Decision of the High Court on May 20, 2024:
The single bench of High Court held that the BJP is hereby restrained from further continuing with the publication of the offending advertisements dated May 04, 2024, May 05, 2024, May 10, 2024 and that dated May 12, 2024 till June 04, 2024 or until further order, whichever is earlier.
The Court further restrained BJP from publishing advertisements in any form of media which is violative of the MCC issued by the ECI during the aforesaid period.
Order of the High Court can be read here:
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