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The assurance came after EC sought time till Thursday to put in
place a mechanism for monitoring of ads on various TV channels.
The EC has also submitted to the court that would be going in for
a sort of pre-censorship whereby any material to be aired has to
be cleared by the EC or its officials.
According to agency reports, addressing a three-judge bench, comprising
Chief Justice V N Khare and Justices SB Sinha and SH Kapadia, counsel
for EC, KK Venugopal, said that the Commission would be facing an
enormous task considering the fact that there were 53 private TV
hannels, 33,000 cable operators and 10 major multi-service cable
operators in the country.
At this point the apex court is understood to have said that the
Commission would be ensured all possible help from the necessary
quarters.
''We want fair play. We do not want one party or one leader to
indulge in personal attacks on another. This is not democracy. We
will make it an electoral offence if the attack is personal,'' agency
reports quoted the Chief Justice of India as saying.
Venugopal also submitted that the Commission would have to monitor
six national political parties, 45 recognised regional parties and
702 registered but unrecognized parties who have to use the symbols
in the forthcoming Lok Sabha (Lower House) and assembly elections.
He also said that Commission had to monitor over 5,000 candidates
for the 543 Lok Sabha seats in addition to assembly seats in four
states going to the polls, news agencies reported.
According to reports, the Chief Justice, while assuring the Commission
of providing all assistance in its tasks, indicated that the court
would make telecast of political ads found not in conformity of
the law of the land and
making personal attacks on political leaders an electoral offence.
Regarding inclusion of the expenses on the telecast of ads on TV
channels in the expenditure of the candidates, Venugopal said that
the earlier provision in this regard in the Representation of the
People's Act had been deleted by an amendment in 2003.
He wanted the court to address this aspect as well in its order
to be passed on Thursday.
The Supreme Court was reacting on the issue of political ads after
the information and broadcasting ministry had moved the court last
week seeking a stop on surrogate political ads attacking a personality
and also staying of an Andhra Pradesh high court order that had
given the go-aheads for political ads on the electronic medium.
On 23 March, the Andhra HC, based on a petition filed by Gemini
Television Network, ETV and Maa TV which challenged rule 7 (3) of
the Act invoked by the information and broadcasting ministry and
Election Commission to ban telecast of political advertisements,
had quashed the ban.
It would be interesting to see how political parties, especially
the Bharatiya Janata Party, react to the EC suggestion on having
any material to be aired on television as part of paid political
advertisement or message cleared by it 10 days in advance from the
date of airing.
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