On Today, the Supreme Court declined to consider a petition submitted by the Bharatiya Janata Party (BJP). The petition challenged the Calcutta High Court's rulings that prohibited the BJP from disseminating specific advertisements targeting the All India Trinamool Congress (AITMC/TMC) during the Lok Sabha Elections. These advertisements were deemed derogatory and in breach of the Model Code of Conduct.

The Vacation Bench of Justices J.K. Maheshwari and K.V. Viswanathan refused to interfere with the High Court's judgment. "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," 

Justice Viswanathan responded to Senior Advocate PS Patwalia, representing the BJP, stating that the advertisements are grounded in facts.

"This is not in the interests of the voter. This will degenerate...," Justice Viswanathan said.

"Don't precipitate the issue, we are not inclined to interfere," Justice Maheshwari added. Following the disinclination expressed by the bench, Patwalia chose to withdraw the petition, seeking liberty to file reply before the HC single bench which passed the interim order.

Consequently, the petition was dismissed upon withdrawal, granting the BJP the freedom to address the issue before the single bench of the High Court. The previous week, the petition was brought before a vacation bench comprising Justices Bela M Trivedi and Pankaj Mithal for an urgent hearing. Emphasizing the urgency, the BJP's counsel highlighted that an "ex-parte" order had been issued against the party, which is slated to remain effective until June 4, coinciding with the conclusion of the Lok Sabha elections process.

Significantly, a Single Judge bench of the High Court, upon reviewing the contentious advertisements, observed that they contravened both the Model Code of Conduct (MCC) and the guidelines established by the Press Council of India. Justice Sabyasachi Bhattacharyya underscored that the MCC explicitly prohibits all participants in the electoral process from engaging in criticism of other parties using unverified allegations or distortions.

“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 levelling personal attacks against its functionaries,” the interim order read.

Additionally, the Single Judge reprimanded the Election Commission of India (ECI) for its failure to take timely action, stating that it had "grossly failed" to address the complaints promptly.

As a result, an interim directive was issued against the BJP, instructing it to refrain from disseminating the disputed advertisements until the culmination of the elections on June 4 or until further notice. Additionally, the party was prohibited from publishing advertisements through any media platform that would breach the Model Code of Conduct.

The ruling of the Single Bench was upheld by a division bench of the High Court, presided over by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya. In their order, the Court also voiced apprehension regarding the manner in which the disputed advertisements were disseminated.