New Delhi, March 31
In the wake of raging controversy over surrogate ads on TV painting rival political parties in bad taste, the Union Government today moved the Supreme Court seeking stay of the Andhra Pradesh High Court order allowing telecast of political advertisements by TV channels.
Union Information and Broadcasting Ministry in a special leave petition (SLP), filed in the apex court registry, said the rules banning such ads needed to be enforced to eliminate the role of money power in the polls.
Challenge to the High Court order came close on the heels of complaints by political parties to the Election Commission on surrogate advertisements targeting Prime Minister Attal Bihari Vajpayee and Congress President Sonia Gandhi personally.
The High Court in its March 23 order had struck down a provision under the Cable
Television Network rules, debarring telecast of political ads on electronic media.
The Government moved the apex Court after Vajpayee had expressed concern over the surrogate ads degrading political leaders during a meeting with I&B Minister Ravi Shanker Prasad and Attorney General Soli J Sorabjee, and asking them to approach
the Supreme Court on the issue.
The Government moved the apex court after the Election Commission and I and B Ministry had been tossing the issue of surrogate ads to each other’s court without taking any concrete action.
Despite the appeal before the apex Court, the Ministry feels the Commission should step in to stop the ads under the model code of conduct.
Stating that non-regulation of surrogate political ads during the elections would be “disastrous”, the Ministry said “poor candidates cannot afford to insert advertisements in the channels.”
The Ministry stated in its appeal that the rule banning political advertisements on TV channels was enforced with a view to creating a level playing field in the electoral battle and the High Court had failed to take this fact into consideration.
It said if political parties were allowed to use the electronic media for their partisan gain, then they would project a distorted image of the prevailing situation to mislead the public.
The High Court had struck down rule 7(3) of the Cable TV Network Rules banning political advertisements on electronic media saying it was discriminatory and violative of the right to freedom of trade and business guaranteed under Article 19(1)(g) of the Constitution.
