Lok Sabha elections: Calcutta High Court declines to lift stay on 'derogatory' BJP ads against TMC

A Division Bench of the Calcutta High Court on Wednesday declined to interfere with a single-judge's interim order to restrain the Bharatiya Janata Party (BJP) from publishing "derogatory" or "slanderous" advertisements targeting the Trinamool Congress (TMC) party during ongoing Lok Sabha election campaigns [Bhartiya Janata Party vs All India Trinamool Congress]..The Court opined that the ideal course of action for the BJP is to go back to the single-judge and seek a recall or a review of the order under challenge."Let us be very clear, we aren't inclined to interfere for more than one reason. Firstly, this is an interim order. Secondly, you say you aren't heard - so go and seek review and recall of this order," the Court said..The Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya also emphasised it is imperative that all political parties follow healthy electoral practices, as the ultimate victim of misleading electoral campaigns is the voter. "There should be some Lakshman Rekha. A national party is hurling ... We aren't complimenting what they are doing. Imagine what will be the impact on common public ... You both keep fighting amongst yourselves. Ultimately, the victim is the poor voter - he may either get led or misled. You go before the single-judge. There must be a healthy practice, which should be followed on either side," the Court said. .The Division Bench proceeded to dismiss the BJP's intra-court appeal."We aren't inclined to entertain this appeal for more than one reasons. We are of the view that we can test the correctness of an order on the submissions made before the single-judge as to whether those submissions were dealt with and whether the conclusion arrived was just and proper, fair and reasonable. We cannot test an order on submissions which were never made before the single-judge. Therefore, the appellants aren't remediless. If they are advised, they can approach the single judge for review or recall of the order. Therefore, this appeal stands dismissed. We make it clear, we haven't entered into the merits of the case," the Court said. .The appeal by the BJP filed against a order passed by Justice Sabyasachi Bhattacharyya on Monday (May 20), in which the single judge had also pulled up the Election Commission of India (ECI) for "grossly failing" to address the complaints filed by the TMC against BJP ads that targeted the ruling party in West Bengal.The order was passed on a petition by TMC to restrain the BJP from carrying such ads. In this regard, the TMC had cited certain ads published in certain newspapers against the Mamata Banerjee-led party. Finding the advertisements in question to be in violation of the Model Code of Conduct (MCC), the single judge had restrained the BJP from publishing such ads until further orders."A perusal of the impugned ads published on various dates in this month, clearly evince that those are in violation of the letter and spirit of the MCC, which clearly prohibits all participants in the election process from criticism of other parties or their workers based on unverified allegations or distortion," the single judge had observed..This directive was challenged by the BJP through an appeal before the Division Bench. Senior Advocate Jayanta Mitra, briefed by advocate Billwadal Bhattacharyya, appeared for the party and contended that the single-judge could not have passed the order without hearing the BJP."Milords, the judge passed this interim order only after hearing the petitioner (TMC) and the Election Commission of India (ECI). The order directly affects me. I was not heard because I was not served by the petitioner ... Milords, we are not on merits of the case. We are only questioning the order of the judge," the counsel argued. However, the Division Bench maintained that the party should approach the single judge for relief and dismissed the appeal. .[Read live coverage of hearing]