BJP files appeal against Calcutta HC order restraining saffron party from publishing derogatory ads against Trinamool Congress

The BJP on Tuesday filed an appeal against the Calcutta High Court order restraining the party from publishing any derogatory or slanderous ads against the Trinamool Congress (TMC) party. 

A Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya granted urgent hearing to the BJP appeal. The bench mentioned that the matter will be subjected to serving of the notice to the other side. 

When the BJP’s counsel pressed for a hearing today, stating that the Judge has stopped their advertisement, the Chief Justice said that nothing will happen in a day. Subsequently, the bench scheduled the matter for hearing on Monday morning. 

The BJP’s advocate told the court that the party was not heard by the single-judge bench of Justice Sabyasachi Bhattacharyya, yesterday while passing the order. He added that the Trinamool Congress did not serve a notice to his client, hence, they did not appear, and the judge could not hear them before passing orders and making observations. 

The single-judge bench on Monday restrained the BJP from publishing any kind of derogatory advertisements against the TMC till further orders. The court also pulled up the Election Commission of India (ECI) for grossly failing to address the complaints filed by the TMC against BJP ads in which the ruling party in West Bengal was targeted.

In the judgment, Justice Bhattacharya said that the ECI has grossly failed to address the complaints of the TMC in due time. He added that the High Court is surprised that resolution of the complaints after the conclusion of elections is nothing to the court and as such is due failure on part of the ECI. The bench added that the court is constrained to pass an injunction order.

The court also pointed out that the ads by BJP during the silence period, a day prior to the polls and the polling day, were violative of the Model Code of Conduct (MCC) and the rights of the TMC and also the citizens’ right to fair elections. The court observed that the allegations and publications made against TMC are outright derogatory and definitely intended at insulting the rivals and levelling personal attacks. 



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