'Stand On Your Own Legs' : Supreme Court Asks NCP(Ajit Pawar) To Not Use Photos & Videos Of Sharad Pawar For Maharashtra Elections
While hearing the dispute related to the Nationalist Congress Party (NCP), the Supreme Court on Wednesday (November 13) orally asked Ajit Pawar group to not use the photos and videos of Sharad Pawar in their campaign materials for the Maharashtra assembly elections.
The Court told NCP (Ajit Pawar) that they have to fight the elections based on their separate identity. The Court asked Ajit Pawar to instruct the members of his party to not use the pictures and videos of Sharad Pawar.
A bench comprising Justices Surya Kant and Ujjal Bhuyan was hearing an application filed by Sharad Pawar seeking to restrain Ajit Pawar from using the clock symbol for the Maharashtra assembly elections. Previously, the Court had directed Ajit Pawar to publish disclaimers in newspapers regarding the clock symbol.
Today, Senior Advocate Abhishek Manu Singhvi, for Sharad Pawar, produced certain materials - photos of posters & social media posts- which are published allegedly in violation of the Supreme Court's order. He submitted that Amol Mitkari, a candidate of the NCP(Ajit Pawar) had published photos showing only Sharad Pawar and argued that Ajit Pawar's side was trying to "piggyback" on the goodwill of the reputation of the senior Pawar.
Senior Advocate Balbir Singh, for Ajit Pawar, refuted the allegations and claimed that the materials are "doctored". Singhvi retorted that the video was posted from the official handle of Amol Mitkari.
"Do you think the people of Maharashtra don't know about the rift?", Justice Surya Kant asked Singhvi. The judge also asked if the people of rural Maharashtra would be influenced by the posts made on social media. "Today India is different, everything we see here in Delhi most of it is seen by rural people," Singhvi replied. He added that when there was a direction passed by the Supreme Court, the other side was bound to obey it.
Singhvi further stated that the attempt of Ajit Pawar side was to project a false image that there was still some linkage between him and the senior Pawar and that when one voted for Ajit Pawar, it was a vote for the Pawar family which was undivided. He highlighted that in 36 seats, Ajit Pawar and Sharad Pawar sides are competing directly.
Turning to the Ajit Pawar's side, Justice Kant said ,"Whether or not it is an old video, with Mr Pawar you have an ideological difference and you are fighting against him. Then you should try to stand up on your own legs."
Balbir Singh asserted that such videos were not used.
"Please concentrate on the battlefield, people will answer everything. They are very wise and know where to vote and how to vote. We don't doubt their wisdom. They know who is Sharad Pawar and Ajit Pawar. These video clips may or may not influence the voters. But when there is an order of this Court, it has to be faithfully respected," Justice Kant said.
"Out of the photos which Dr.Singhvi has referred to, you find out only this, who is this Amol Mitkari and he is putting some video clip of Mr.Sharad Pawar. So just find out. We are not saying anything. Issue some electronic circular among your office bearers and candidates not to use the video clip or photograph of Mr Sharad Pawar. You confine on your own identity as a separate distinct political party," Justice Kant told Balbir Singh.
Singh agreed to comply with the direction but added that in the age of Artificial Intelligence, photos and videos can be manipulated using "deep fake". Justice Kant said that the bench is aware of such possibilities.
"There have been instances which are eye opener. Ultimately this AI also where it will go we have to be very very careful. In Tamil Nadu I believe what we read and probably it is correct also - some political personality who is no more his voice and his daughter speech were used and the daughter is also no more," Justice Kant said.
Singhvi said that the post which he referred to was posted from the official 'X' handle of the candidate (Amol Mitkari).
Background
Following a rift between the Sharad Pawar and the Ajit Pawar factions of the NCP in 2022, the Election Commission of India recognized the latter 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 Court permitted the Ajit Pawar faction to use the 'clock' symbol, with certain conditions. This included its making a public declaration that the use of the 'clock' symbol by it for the Lok Sabha and the Maharashtra Assembly Elections is sub-judice, and subject to the outcome of the challenge made by the Sharad Pawar group to the decision of the ECI.
While hearing the SLP, the bench also asked the Ajit Pawar faction to not use the name and images of Sharad Pawar in its campaign materials.
On April 4, it was directed that the Sharad Pawar faction shall only use the name "NCP (Sharad Pawar)" and the symbol "man blowing turha (trumpet)". "In other words, the applicant-petitioner(Sharad Pawar) or supporters shall not use the symbol clock," the Court stated.
Ahead of the Maharashtra elections, Sharad Pawar filed an application praying that Ajit Pawar's side be asked to apply for a symbol other than 'clock'.
Case Title: Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024