New Delhi: The Bharatiya Janata Party (BJP) on Friday moved the Supreme Court, assailing a Calcutta High Court (HC) division bench order, which declined to interfere with a single-judge verdict directing the party not to publish any advertisement violating the Model Code of Conduct (MCC) during the ongoing Lok Sabha Election.
Advocate Saurabh Mishra mentioned the matter before a vacation bench of Justice Bela M Trivedi and Justice Pankaj Mithal. The counsel contended that the HC has restrained the BJP from issuing advertisements during the Lok Sabha polls till June 4.
The apex court was informed that a division bench of the high court passed the order on May 22, and the counsel sought urgent listing of the matter. "Why don't you move the next vacation bench?" the bench asked. The counsel urged the bench to consider the matter for hearing on May 27. The apex court said it will look into the listing of the matter.
The division bench of the HC, declining to interfere with the May 20 order of the single judge, had said the BJP could move the single judge, seeking a review of its order. The HC had observed that a "laxman rekha" should be adhered to and there should not be any personal attack on the part of any political party.
The BJP challenged the single-judge order before the division bench claiming that the single judge passed the order without giving it any hearing.
On May 20, the high court issued an injunction, restraining the BJP from publishing advertisements that violated the MCC until June 4, the day the Lok Sabha election process ends. The court also ordered the BJP to also not publish advertisements mentioned by the Trinamool Congress (TMC) in its petition, claiming unverified allegations against it and its workers.
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