New Delhi, April 13
To prevent slanderous campaign through surrogate ads against one another by political parties and leaders during the coming elections, the Supreme Court today allowed the telecast of political advertisements on electronic media but only under its strict and comprehensive guidelines. Under the guidelines, no political ad could be telecast without getting a prior clearance from the Election Commission.

The guidelines, to be effective from April 16, would remain in force till May 10, the last date of polling, said a three-judge Bench, headed by Chief Justice Mr V.N. Khare, while putting its seal of approval on the modalities evolved by the commission on regulating political ads.

The court directed that the registered political parties and contesting candidates would have to submit to the EC the cassettes and transcripts of the ads three days in advance.

The EC sub-committee, to be set up under the supervision of the Chief Electoral Officer in each state and the Union Territories for examining the contents of the ads, would have to take a decision on it within two days, it said.

The committee would have powers to accept or reject the ads and its decision would be binding on all parties, candidates, TV channels, cable operators and any other persons issuing these.

While making the its order applicable from April 16, the Bench, having Mr Justice S.B. Sinha and Mr Justice S.H. Kapadia as other judges, made it clear that its stay on the telecast of ads offending the “morality, decency and religious susceptibility” of viewers would continue during the ongoing poll process.

However, the unregistered parties, cable operators, TV channels and any other person who wanted to give such ads, would have to submit cassettes and transcripts within seven days. But for any ad related to the first phase of the poll on April 20, the time limit for submission of the ads had been fixed two days across the board for all.

The court ordered that the parties, candidates and any other person giving the ad would also have to furnish a statement to the EC’s sub-committee, giving details of the production cost, expenses incurred on the telecast of it.

“The statement would clearly say that the ad is in the benefit of the poll prospects of a particular party or a candidate,” the court said.

To take care of surrogate advertisements, it said if any ad was given by a person other than a political party or a candidate, he should furnish a note that it was not issued in the benefit of any party or the candidate.

To ensure financial transparency in ad transactions, all payments on their expenses would have to be made by cheques or bank drafts, the court said.

The EC was further directed to delegate powers under the Representation of People’s Act to the District Magistrate, his nominee or other poll officials for pre-censorship of the ads.