Clock Symbol: Supreme Court tells Ajit Pawar faction to display bigger disclaimers in election ads

The Supreme Court on Thursday asked the Ajit Pawar faction of the Nationalist Congress Party (NCP) to ensure that more prominent disclaimers are published in its election advertisements in order to clarify that its use of the NCP's clock symbol is subject to the outcome a court case pending before the top court [Sharad Pawar vs Ajit Anantrao Pawar and anr]..A bench of Justices Surya Kant and KV Viswanathan also cautioned rival NCP faction led by Sharad Pawar not to use the NCP clock symbol anywhere and to use the tutari (trumpet) symbol for the upcoming polls instead, as earlier directed in a March 19 order. ."It is suffice to clarify and reiterate that the petitioner (Sharad Pawar) and party office bearers and workers supporters shall abide by directions in para 3 in terms thereof. The respondents (Ajit Pawar faction), the office bearers of political party, the workers are obligated to meticulously follow directions contained in the order. Mr. Rohatgi has agreed to issue the public notices with more prominent space in newspapers and assured that the office bearers, candidates, shall be sensitised that there is no defiance of directions of this court given on March 19. Petitioner shall ensure that workers follow directions of our order and follow NCP-SP," the Court said. .The Court passed the order on a plea filed against Ajit Pawar by his uncle, Sharad Pawar who now heads a rival NCP faction following the split of the party last year. In his plea, Sharad Pawar alleged that the Ajit Pawar faction was flouting the top court's March 19 order to display certain disclaimers in any election advertisements by the Ajit Pawar faction containing the NCP's "clock" symbol.These disclaimers were to clarify that the allocation of the clock symbol was still under dispute. .Appearing for Sharad Pawar, Senior Advocate AM Singhvi argued that Ajit Pawar's faction has been flouting this direction. "Please see there is no disclaimer by them in anything. Even in the ads of last week. Clock symbol is there.. says sponsored by NCP, etc. ... but no disclaimer ... I am surprised that there is clear violation of the orders of this court," Singhvi submitted. Notably, in yesterday's hearing the Ajit Pawar faction's counsel had urged the Court to modify its earlier direction on the need to display such disclaimers. Singhvi today reiterated his objection to such modification request and accused the Ajit Pawar faction of grossly violating court orders. He added that Sharad Pawar's image was still being misused by the Ajit Pawar faction to piggyback on the former's reputation and image. "This is gross abuse and they are seeking review of this gross abuse. In a press conference on March 30, the first face displayed is of Sharad Pawar. The first face is mine (Sharad Pawar's)! My face, my photo ... (they are) piggybacking and then complaining against me ... This has to stop immediately and the orders of this court is being violated," Singhvi asserted. .Singhvi added these are not stray incidents. Even Ajit Pawar's X (formerly Twitter) handle has no disclaimers, the senior lawyer argued. .The bench said that even if the party's ground workers were deliberately misinterpreting the Court's earlier orders, the party leadership should rein in such instances. "The purpose of the order was to bring this in public domain and the voters who are the most important stakeholders shall get to know about it (that) this clock issue is sub judice and they are using it till the issue is resolved by the Court. As far as ads, pamphlets, etc., party has complied.. Some party workers, etc. may be violating it and the party has to take care of it," Justice Kant said. "The whole purpose now is to take advantage of the short hot window before the elections," Singhvi replied. .On the other hand, Senior Advocate Mukul Rohatgi appeared for the Ajit Pawar faction of the NCP and contended that the disclaimers ordered for by the top court have already been publicised across various newspapers. "We have put the disclaimer in all the newspapers ... All newspapers have it," Rohatgi said. Justice Viswanathan, however, pointed out these disclaimers were not prominently displayed. "These ads are not prominent at all.. This is tucked away in some corner," he remarked. The Court eventually said that the Ajit Pawar side should issue bigger advertisements."Your office bearers who are members of parliament, the spokesperson etc. must not violate orders of our court," the Court added before dictating its order. .By way of background, the NCP had split into two factions in July 2023, after a rebellion by the Ajit Pawar group.The Ajit Pawar faction currently supports the ruling Eknath Shinde government in Maharashtra.When the dispute as to who the real NCP was (Sharad Pawar faction or Ajit Pawar faction) reached the ECI, the poll body found that the total number of NCP MLAs in Maharashtra State assembly stood at 81. Out of this, Ajit Pawar submitted affidavits of 57 MLAs in his support while Sharad Pawar had only 28 affidavits.Therefore, the ECI proceeded to hold that the faction led by Ajit Pawar was the real NCP.This was challenged before the Supreme Court by his uncle, Sharad Pawar.On March 19, the apex court permitted the Ajit Pawar faction of the NCP to use the party's clock symbol for the upcoming parliamentary and Maharashtra State elections, albeit with certain conditions.The Ajit Pawar faction was allowed to use the clock symbol after issuing a public notice that the said allocation was subject to the apex court's final say on the matter.The Court had further directed incorporation of such a disclaimer in every template advertisement and audio and video clips to be issued on behalf this faction of the NCP.