SUPREME COURT REFUSED TO INTERFERE WITH HIGH COURT ORDER STOPPING BJP'S 'DEROGATORY' ADS AGAINST TMC; SAYS ADS ARE PRIMA FACIE DISPARAGING

The Single Bench decision was affirmed by a division bench of the High Court, comprising of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.

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The Supreme Court in the case Bhartiya Janata Party v. All India Trinamool Congress And Ors observed and has refused to entertain a petition filed by Bharatiya Janata Party, BJP against the Calcutta High Court orders restraining it from publishing certain advertisements in respect of All India Trinamool Congress, AITMC or TMC during the Lok Sabha Elections, which were allegedly derogatory and violated the Model Code of Conduct.

The Vacation bench comprising of Justice JK Maheshwari and Justice KV Viswanathan in the case observed and has refused to interfere with the High Court orders, after perusing the record.

The bench headed by Justice Viswanathan stated when Senior Advocate PS Patwalia, appearing for BJP, asserted that the advertisements were based on fact, thus, the court stated, we have seen the advertisements. Prima Facie, the advertisements are disparaging. You can say you are the best...but...we don’t want to lend our hands to promote further acrimony.

Adding to it, the bench of Justice Maheshwari stated that this is not in the interests of the voter. This will degenerate...

Justice Viswanathan was heard saying. ‘Don’t precipitate the issue, we are not inclined to interfere’