The Supreme Court on Wednesday directed the Nationalist Congress Party faction led by Ajit Pawar not to use the photographs and videos of Sharad Pawar, while campaigning for the Assembly elections in Maharashtra.
The Bench of Justice Surya Kant and Justice Ujjal Bhuyan made the oral observations, while hearing an application filed by Sharad Pawar seeking to restrain Ajit Pawar from using the clock symbol for the state Assembly elections.
The Apex Court had earlier directed Ajit Pawar to publish disclaimers in newspapers regarding the clock symbol.
Appearing for Sharad Pawar, Senior Advocate Abhishek Manu Singhvi placed before the Court certain photographs of posters and clippings of social media posts published allegedly in violation of the Supreme Court’s order.
Singhvi submitted that Amol Mitkari, a candidate of NCP (Ajit Pawar), had published photos showing only Sharad Pawar. He argued that Ajit Pawar’s side was trying to piggyback on the goodwill and reputation of the senior Pawar.
Representing Ajit Pawar, Senior Advocate Balbir Singh refuted the allegations and claimed that the materials were “doctored”.
Singhvi responded that the video was posted from the official handle of Amol Mitkari.
Singhvi further said that the Ajit Pawar side was trying to project a false image that there was still some linkage between him and the senior Pawar. They were trying to implicate that when one voted for Ajit Pawar, it was a vote for the Pawar family, which was still undivided, added the Counsel.
He said in the upcoming Assembly elections, Ajit Pawar and Sharad Pawar sides were competing directly on 36 seats.
The Apex Court observed that even if this was an old video of Sharad Pawar, the Ajit Pawar faction was having an ideological difference and fighting against that faction. The NCP (Ajit Pawar) side should try to stand up on its own legs and confine on its own identity as a separate distinct political party.
Senior Advocate Balbir Singh asserted that such videos were not used.
The Bench said that people were very wise and knew where to vote & how to vote. Their wisdom should not be doublted. People knew who was Sharad Pawar and Ajit Pawar. These video clips may or may not influence the voters, but the Apex Court order should be faithfully respected, it added.
The Counsel for NCP (Ajit Pawar) agreed to comply with the direction, adding that in the age of Artificial Intelligence, photos and videos could be manipulated using deep fake.
The Apex Court responded that it was aware of such possibilities.
Senior Advocate Singhvi said that the post which he referred to was posted from the official ‘X’ handle of the candidate (Amol Mitkari).
In 2022, a rift had occurred in the Sharad Pawar and the Ajit Pawar factions of the NCP. The Election Commission of India recognised the the Ajit Pawar-led faction as the official NCP based on its legislative majority and allotted the ‘clock’ symbol (the original symbol of the united NCP) to it.
The Sharad Pawar group appealed to the Supreme Court challenging the ECI decision.
On March 19, the top court of the country permitted the Ajit Pawar faction to use the ‘clock’ symbol, with certain conditions. This included making a public declaration that the use of the ‘clock’ symbol by the Ajit Pawar faction for the Lok Sabha and the Maharashtra Assembly elections was sub-judice, and subject to the outcome of the challenge made by the Sharad Pawar group to the decision of the ECI.
The Bench further asked the Ajit Pawar faction not to use the name and images of Sharad Pawar in its campaign materials.
On April 4, the Sharad Pawar faction was permitted to only use the name “NCP (Sharad Pawar)” and the symbol “man blowing turha (trumpet)”.
The Apex Court restricted the faction led by Sharad Pawar, including its supporters, not to use the symbol clock.
Sharad Pawar had moved the Supreme Court ahead of the Mahrashtra Assembly elections, praying that Ajit Pawar’s side be asked to apply for a symbol other than ‘clock’.
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