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Editor's Pick | SC: BJP ads against Trinamool are prima facie disparaging

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Tue, May 28, 2024 04:44 AM

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The Supreme Court on May 27 found that the Bharatiya Janata Party’s advertisements against the

The Supreme Court on May 27 found that the Bharatiya Janata Party’s advertisements against the Trinamool Congress “were prima facie disparaging” and told the party that denigrating debates during the Lok Sabha election would only harm voters’ interests. A Vacation Bench comprising Justices J.K. Maheshwari and K.V. Viswanathan refused to interfere with a Calcutta High Court injunction against the “derogatory” and “slanderous” advertisements. Justice Viswanathan told senior advocate P.S. Patwalia, who was representing the BJP, that “Prima facie, these advertisements are disparaging… You [BJP] can promote yourself, you can say you are the best… We [Supreme Court] cannot lend our hand to cause acrimony.” Such advertisements “would not be in the interest of the voters. It will degenerate the debate,” the judge added, reminding the counsel that the client should keep in mind that “your rival is not your enemy.” Meanwhile, Justice Maheshwari asked Mr. Patwalia to refer to advertisements on specific page numbers in the court’s records, who submitted that the advertisements were based on facts. “Why are you precipitating things by coming here?” Justice Maheshwari asked. A single Judge of the Calcutta High Court passed the interim injunction order ex parte, without giving the BJP a chance to be heard. The Trinamool Congress already approached the Election Commission (EC) objecting to the advertisements, and the EC issued a show cause notice on May 18 to the BJP. It was supposed to respond by May 21. The Trinamool Congress had simultaneously approached the High Court on May 20, which issued an injunction order till June 4, Mr. Patwalia said. He argued that the party wanted to “file a reply by tomorrow” to the EC notice. “We will appear the day after tomorrow. Let the EC pass an appropriate order. We were not even heard by either the EC or the High Court,” he said. Justice Maheshwari questioned whether the EC had taken any steps till now, adding that it was “a question of the independence of the Election Commission.” The BJP chose to withdraw the petition after the SC noted that it could approach the High Court again for any relief under the law. The Hindu’s Editorials Cannes do: On a big win for indie cinema at the 77th edition of the film festival Maximum impact: On Indian Premier League and Sunday’s final The Hindu’s Daily Quiz Which country is developing the Gelephu Mindfulness City? South Korea Bhutan China Mauritius To know the answer and to play the full quiz, click here. [logo] Editor's Pick 28 May 2024 [The Hindu logo] [EP Logo] Editor's Pick 28 May 2024 In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [View in browser]( [More newsletters]( SC: BJP ads against Trinamool are prima facie disparaging The Supreme Court on May 27 [found that the Bharatiya Janata Party’s advertisements against the Trinamool Congress]( “were prima facie disparaging” and told the party that denigrating debates during the [Lok Sabha election]( would only harm voters’ interests. A Vacation Bench comprising Justices J.K. Maheshwari and K.V. Viswanathan refused to interfere with a [Calcutta High Court injunction against the “derogatory” and “slanderous” advertisements](. Justice Viswanathan told senior advocate P.S. Patwalia, who was representing the BJP, that “Prima facie, these advertisements are disparaging… You [BJP] can promote yourself, you can say you are the best… We [Supreme Court] cannot lend our hand to cause acrimony.” Such advertisements “would not be in the interest of the voters. It will degenerate the debate,” the judge added, reminding the counsel that the client should keep in mind that “your rival is not your enemy.”  Meanwhile, Justice Maheshwari asked Mr. Patwalia to refer to advertisements on specific page numbers in the court’s records, who submitted that the advertisements were based on facts. “Why are you precipitating things by coming here?” Justice Maheshwari asked. A single Judge of the Calcutta High Court passed the interim injunction order ex parte, without giving the BJP a chance to be heard. The Trinamool Congress already approached the Election Commission (EC) objecting to the advertisements, and the EC issued a show cause notice on May 18 to the BJP. It was supposed to respond by May 21. The Trinamool Congress had simultaneously approached the High Court on May 20, which issued an injunction order till June 4, Mr. Patwalia said. He argued that the party wanted to “file a reply by tomorrow” to the EC notice. “We will appear the day after tomorrow. Let the EC pass an appropriate order. We were not even heard by either the EC or the High Court,” he said. Justice Maheshwari questioned whether the EC had taken any steps till now, adding that it was “a question of the independence of the Election Commission.” The BJP chose to withdraw the petition after the SC noted that it could approach the High Court again for any relief under the law. The Hindu’s Editorials [Arrow][Cannes do: On a big win for indie cinema at the 77th edition of the film festival]( [Arrow][Maximum impact: On Indian Premier League and Sunday’s finalÂ]( The Hindu’s Daily Quiz Which country is developing the Gelephu Mindfulness City? - South Korea - Bhutan - China - Mauritius To know the answer and to play the full quiz, [click here](. [Sign up for free]( Today’s Best Reads [[27 oxygen cylinders were kept inside and outside Delhi hospital where blaze killed seven newborn babies: FIR] 27 oxygen cylinders were kept inside and outside Delhi hospital where blaze killed seven newborn babies: FIR]( [[Israel PM Netanyahu acknowledges ‘tragic mistake’ after Rafah strike kills dozens of Palestinians] Israel PM Netanyahu acknowledges ‘tragic mistake’ after Rafah strike kills dozens of Palestinians]( [[Prajwal Revanna says he will return on May 31 to appear before SIT] Prajwal Revanna says he will return on May 31 to appear before SIT]( [[IMD retains ‘above normal’ forecast for monsoon] IMD retains ‘above normal’ forecast for monsoon]( Copyright© 2024, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( Manage your newsletter subscription preferences [here]( If you do not wish to receive such emails [go here](

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