SC bars Ajit Pawar faction from using Sharad Pawar’s photos and videos ahead of Maharashtra polls

The Supreme Court of India on Wednesday reiterated its previous order directing the Ajit Pawar-led faction of the Nationalist Congress Party (NCP) to refrain from using any photos or videos of Sharad Pawar in their election campaign for the upcoming Maharashtra Assembly elections on November 20. This decision came after the Sharad Pawar faction filed an application, pointing out that an MLC from the Ajit Pawar faction had recently shared an old video of Sharad Pawar on the microblogging site X.

In its March 19 ruling, the Supreme Court had directed both factions of the NCP to maintain separate identities, emphasizing that the Ajit Pawar faction should not use any media associated with Sharad Pawar, as it could confuse voters. The Sharad Pawar faction, led by senior lawyer Abhishek Manu Singhvi, argued that the sharing of the video violated this order and called for stricter compliance. Singhvi accused the Ajit Pawar faction of attempting to use Sharad Pawar's image and reputation to gain electoral advantage, despite a clear court order forbidding such use.

The bench, led by Justices Surya Kant and Ujjal Bhuyan, was firm in its stance. It noted that the integrity of the election process required that both factions avoid any overlap in their campaigns that could mislead voters. "You should focus on your electoral battle and find your distinct identity," the bench stated, underlining that the parties should not use their shared family ties as a means of misleading the public. The justices further stressed that this ruling was critical to upholding a fair electoral environment and ensuring that voters could distinguish between the two factions.

The court also raised concerns about the potential misuse of technology in the campaign. Justices Kant and Bhuyan mentioned how artificial intelligence could be employed to manipulate videos and images, which could then be circulated to influence voters. This technological vulnerability led the court to reinforce its directive, calling on the Ajit Pawar faction to respect the order to prevent any further violations. Despite the Ajit Pawar faction’s claims of compliance, including public disclaimers issued in several major newspapers, the court maintained that the use of any image or video of Sharad Pawar was not permissible.

In response to the court's concerns, the Ajit Pawar faction agreed to circulate an electronic circular among its leaders, candidates, and representatives, ensuring compliance with the directive. The circular will serve as a formal communication that reiterates the prohibition on using Sharad Pawar’s media content in their campaign. The court also reiterated that any breach of this order would be taken seriously, and the matter would be revisited on November 19, just a day before the crucial state elections.

Both factions of the NCP are contesting the elections with separate symbols, following a dispute that split the party earlier this year. The Sharad Pawar-led faction has been allotted the "man blowing turrah" symbol for the state elections, while the Ajit Pawar-led faction is using the "clock" symbol, which was temporarily allowed by the Supreme Court for the Maharashtra polls. This division in symbols highlights the ongoing rift and the importance of each faction establishing its own identity, independent of the other. The court’s intervention aims to prevent any confusion or manipulation of voters during the election period.