The Calcutta High Court on Monday prohibited the Bharatiya Janata Party (BJP) from publishing any derogatory advertisements against the Trinamool Congress (TMC) that violate the election Model Code of Conduct (MCC) until June 4 and pending further orders. The court also called out ECI for not taking timely action against the advertisement.
The Court observed that BJP advertisements during the ‘silence period’ (a day before the polls and on polling day) breached the MCC and infringed on the rights of the TMC and citizens’ right to free and fair elections.
The High Court noted, “A review of the disputed ads published this month clearly shows they violate the MCC, which prohibits participants in the election process from criticizing other parties or their workers based on unverified allegations or distortions.”
Justice Sabyasachi Bhattacharyya, who presided over the single-bench of the High Court, also reprimanded the Election Commission of India (ECI) for failing to address the TMC’s complaints about BJP advertisements targeting the ruling party in West Bengal.
ECI “grossly failed” to address
Justice Bhattacharya remarked, “The ECI has grossly failed to address the TMC’s complaints in a timely manner. This Court finds it surprising that resolving complaints after the elections is futile, and due to the ECI’s failure, the court is compelled to issue an injunction order.”
The Court was responding to a petition filed by the TMC, which sought an injunction against the BJP for several ads published in newspapers against the Mamata Banerjee-led party. One ad cited by the TMC’s counsel read ‘Sanatan Virodhi Trinamool’ (Trinamool Opposes Sanatan).
According to Indian Express, the counsel argued that the ads directly contravened the MCC, which forbids advertising under the guise of news articles, particularly regarding caste and religion. The TMC had filed multiple complaints with the ECI after each publication, but there had been no response.