‘Find your own identity’: SC tells NCP to not use Sharad Pawar’s image
The court was hearing an application filed by NCP (Saratchandra Pawar) alleging breach of court’s order of March 19 by the NCP , highlighting an official post on micro-blogging site X by a candidate belonging to NCP sharing an old video of Sharad Pawar.
With just days remaining for the Maharashtra assembly elections on November 20, the contest heated up between the rival Nationalist Congress Party (NCP) factions of Ajit Pawar (NCP) and Sharad Pawar (NCP-SP)with the top court asking the former to “find own identity” and instruct their candidates not to use any photo or video of Sharad Pawar in any manner as ordered by it in March.
A bench headed by justice Surya Kant, while posting the matter for hearing on Tuesday, said that while it had full faith in the wisdom of voters, the March 19 order passed by the court asking the two sides to avoid anything that may cause confusion in the minds of voters about the separate identities of the two political factions, should be respected.
The court was hearing an application filed by NCP (Saratchandra Pawar) alleging breach of court’s order of March 19 by the NCP , highlighting an official post on micro-blogging site X by a candidate belonging to NCP sharing an old video of Sharad Pawar. The order of March 19 required the NCP to carry a disclaimer in all its advertisements to remove confusion in the minds of voters.
The bench, also comprising justice Ujjal Bhuyan, said, “Your supporters should not use any video or image of Sharad Pawar with whom you have ideological differences. You focus on the electoral battle and find your own identity as a distinct political party.”
Senior advocate Abhishek Manu Singhvi appearing for NCP (SP) produced the video posted by NCP MLC Amol Mitkari and said, “They want to piggy-back on Sharad Pawar’s goodwill. Let him explain what compliance has he done after this court asked him to give an undertaking.”
On October 24, the court directed Ajit Pawar side to issue a disclaimer in all leading newspapers about the dispute with regard to the pending legal proceedings before the two sides .
While the Ajit Pawar faction was allowed to temporarily use the party’s official poll symbol ‘clock’, the Sharad Pawar faction was alloted a new symbol – man blowing turrah – for the Lok Sabha polls held earlier this year and the upcoming assembly elections.
The bench said, “People are very wise. They know where to vote and where not to vote. We have full faith in their wisdom. But sometimes when such videos get circulated, our concern is that if there is an order of this court, it should be respected.”
The court added, “Issue an electronic circular among all your candidates so that they do not use the videos and photos of Sharad Pawar. Let there be compliance of our orders.”
The bench did not discount the possibility of persons misusing such video and photos in the age of artificial intelligence. “Some instances that have come before this court have been an eye-opener as to how Artificial Intelligence can be used. In Tamil Nadu, a political personality who is no more, his voice was being used to impress voters.”
Senior advocate Balbir Singh appearing for NCP informed the court that issue raised by the rival side was based on concocted material. He said that the party had given elaborate disclaimers in 11 newspapers published in English, Hindi and Marathi and all its campaign material was vetted by the returning officer.
“Voting is to happen on November 20. They simply want to latch on to one word falling from the court to prejudice the voters. They do not seek an order but a statement from the court to impress voters,” Singh said.
Singhvi pointed out that in 36 seats, the two factions are in direct contest and it is these seats that will matter most to decide who forms the government. While NCP is aligned with the Bharatiya Janata Party (BJP) and the Shiv Sena , NCP (SP), the Congress and Shiv Sena (UBT) are part of the Maha Vikas Aghadi (MVA).
“Don’t you think people in Maharashtra do not know about the rift within the political parties,” the bench remarked, adding, “In every newspaper, this disclaimer has been published. Do you think people in rural areas watch Twitter and other things and will form their opinion based on these (old) videos? ”
Singhvi said that the object of this court’s order was to ensure a level playing field. “When there is infringement of the court order, this court should impose the most stringent punishment. Not a single document of compliance has been shown. We have shown geo satellite image of vehicles used in campaigning in Baramati (current constituency of Ajit Pawar) showing non-compliance.”
The court specifically asked NCP to find out about the video posted by Mitkari and posted the matter for hearing on November 19.
Singh agreed to issue the electronic circular as requested by the court .
Wednesday’s direction by the court is part of a series of orders passed by the bench in an appeal filed by the Sharad Pawar faction challenging the Election Commission of India’s order recognizing Ajit Pawar’s faction as the real NCP in February this year.