'No right to misconstrue court's order' says SC, asks Ajit Pawar-led NCP to give details of ads issued after its order

The Supreme Court on Wednesday asked the Ajit Pawar faction of Nationalist Congress Party if it has complied with its order against using name of Sharad Pawar and putting a disclaimer on use of the 'Clock' symbol during the campaign. The apex court further stated that nobody has a right to deliberately misconstrue its order when it was in worded in 'simple language' and there was no room for misinterpretation.

A bench of Justices Surya Kant and K V Vishwanathan asked the Ajit Pawar group to bring on record details of advertisements published in newspapers in compliance with its order.

The court had earlier instructed the Ajit Pawar faction to put a disclaimer in the publicity materials that allocation of 'clock' symbol to it was sub judice.

"You get your instructions on how many advertisements were issued after this order. We might be required to take a view if he (Ajit Pawar) is behaving like this. Nobody has a right to deliberately misconstrue our order," the bench told senior advocate Mukul Rohatgi, appearing for the faction led by the Maharashtra deputy Chief Minister.

The Sharad Pawar faction represented by senior advocate A M Singhvi alleged that they were not complying with the order passed by the apex court on March 19.

The bench said that the order was "in a simple language" and there was no room for misconstruing it.

Singhvi contended the detailed order was passed by the court on March 19, but there is non-compliance on the part of Ajit Pawar.

He said that an application for relaxing this order had been moved by the other side, which means that the other side is asking for a review of the order.

Since elections are going to begin soon, the court should not entertain such a review, the bench affirmed, before adding, "We are in the middle of a hot period of elections."

Rohatgi, for his part, took the bench through certain advertisements, which carried the required disclaimer.

“I am saying that in the future modify the last line. How is this man saying that the Supreme Court has decided the matter,” it asked.

The bench emphasised that nobody has a right to deliberately misconstrue the court's order and fixed the matter for hearing on Thursday.

The bench said, "Mr Rohatgi, you have your instructions on how many advertisements were issued after this order. We might be required to take a view if he (Ajit Pawar) is behaving like this. Nobody has a right to deliberately misconstrue our order."

Senior advocate Abhishek Singhvi, appearing for Sharad Pawar, said that on March 19, this court passed a reasoned order in which they (Ajit Pawar group) were asked to issue advertisements that the allocation of 'clock' symbol is sub judice before this court and they were permitted to use the same subject to final outcome of these proceedings.

On March 19, the top court had directed the Ajit Pawar-led faction to issue a public notice in the newspapers in English, Hindi and Marathi editions notifying that the allocation of 'clock' symbol is sub judice before this court and the respondent have been permitted to use the same subject to final outcome of these proceedings.

"Such a declaration shall be incorporated in every pamphlet, advertisement, audio or video clip to be issued by the respondent (NCP) political party," the top court had said.

(With PTI inputs)