“Your rival is not your enemy,” SC declines to interfere with Calcutta HC’s order restraining BJP from publishing derogatory advertisements targeting TMC

Today (May 27, 2024), the Supreme Court (SC) of India declined to entertain a petition filed by the BJP (Bharatiya Janata Party) against the decision of the Calcutta High Court restraining it from publishing advertisements targeting TMC (Trinamool Congress) party during the ongoing Lok Sabha elections. The advertisements published by the BJP were ‘derogatory,’ ‘slanderous,’ and violated the ‘Model Code of Conduct’. The matter was heard by a two-judge vacation bench constituting Justice JK Maheshwari and Justice KV Viswanathan. The bench refused to interfere with the Calcutta HC’s order and said, “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.” It further said, “The allegations and publications made against TMC are outright derogatory and definitely intended to insult the rivals and level personal attacks.” Furthermore, the SC bench suggested that all parties must follow healthy electoral practices. 

During the proceedings, Senior Advocate PS Patwalia appeared for the BJP whereas Senior Advocate AM Singhvi and Senior Advocate Amit Anand Tiwari appeared for the TMC. SA Patwalia contended that the advertisements published were based on facts. Justice Viswanathan replied, “This is not in the interests of the voter. This will degenerate…” Following, Justice Maheshwari added, “Don’t precipitate the issue, we are not inclined to interfere.” After this, SA Patwalia withdrew the petition seeking liberty to file a reply before the single-judge bench of the HC which passed the interim order. Therefore, the top court dismissed the petition and granted liberty to contest the matter before the HC’s single-judge bench. Concluding the matter, Justice Viswanathan commented, “Your rival is not your enemy.” 

The interim order passed by the single-judge bench, Justice Sabyasachi Bhattacharyya, reads, “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 leveling personal attacks against its functionaries.” It added, “The ECI has grossly failed to address the complaints of the TMC in due time. This Court is surprised that resolution of the complaints after the conclusion of elections is nothing to the court and as such in due failure on part of the ECI in due time this court is constrained to pass an injunction order.”