The Supreme Court also pulled up the poll body
The Supreme Court today dismissed the BJP's petition against a Calcutta High Court order that restrained it from publishing "derogatory" advertisements against Bengal's ruling Trinamool Congress.
"Why should we interfere, we have seen the advertisements and prima facie they are offensive," the Supreme Court said as it refused to interfere with the high court order.
"You can always say you are the best, but we don't want to lend our hands to promote further acrimony. Your rival is not your enemy," the bench of Justice JK Maheshwari and Justice KV Viswanathan said.
The petition was then dismissed as withdrawn giving liberty to the BJP to approach the high court.
The BJP cannot publish derogatory advertisements against Trinamool Congress, especially during the 'silence period' (a day prior to the polls and the polling day), the Calcutta High Court had ruled last week.
"The allegations and publications made against TMC are outright derogatory and definitely intended to insult the rivals and level personal attacks," Justice Sabyasachi Bhattacharyya had said.
The Election Commission, the judge said, 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," Justice Bhattacharya said in his order.
Earlier, the Commission sent a notice to the state BJP chief Sukanta Majumdar, questioning why the ads should not be considered a violation of the Model Code.