"Highly Adventurous Plea": Delhi High Court Refuses To Permit Arrested Politicians To Campaign Through VC For Lok Sabha Polls 2024

The Delhi High Court on Wednesday dismissed a PIL seeking a direction upon the Election Commission of India (ECI) to develop a mechanism to ensure that arrested political leaders are allowed to campaign through VC for the ongoing Lok Sabha polls 2024.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that it is a highly adventurous plea, contrary to fundamental principles of law.

The bench rapped the petitioner, a law student, for filing the plea and called it contrary to the fundamental principles of law as it was asking the court to legislate and make laws.

The plea was filed by Amarjeet Gupta, a final year law student and was moved through Advocate Md. Imran Ahmad.

A direction was also sought on the Central Government to provide information about the arrest of a political leader or a candidate immediately to the Election Commission of India.

As the court said that it will impose costs on the petitioner, his counsel requested that the same may not be done as the petitioner is a student of law.

The court then asked the lawyer to make the law student understand about the concept of separation of powers and that there are limits to judicial powers.

“It is not a vacuum. You are asking us to act contrary to law. The law says how the accused in custody is to be treated. There is no vacuum here,” the court remarked.

The ACJ remarked: “This is all a little propaganda and little publicity involved in this. We are very clear what is happening. Don't think that we don't understand what is happening. And there is an attempt to involve the court in politics. We are trying to stay away… the more you do it, the more costs we will impose. Don't think we don't understand strategies.”

The court said that accused are in custody by virtue of judicial orders and will be released if they are entitled in accordance with law.

It said that it cannot allow someone in custody to go on election campaign otherwise murders, rapists and dreaded criminal will also start floating political parties prior to the elections.

“This is not our domain. We want to stay away from politics and more and more you're trying to involve us in political thicket. Someone says take him out, someone says put him in custody. Please understand, Courts are applying their mind, accused is exercising his rights,” the court said.

It added: “I'm telling you all the dreaded criminals will register themselves with political parties. And Dawood Ibrahim who is not convicted he will be campaigning. Virtual mode will allow him... Someone is in custody by virtue of a judicial order.”

The bench remarked that the issue cannot be dealt with by the court as it cannot decide policy matters.

“If a candidate is standing in election and he commits murder, because of MCC being in force, he won't be arrested… what are you doing? Please understand. People involved in murder and rape will start floating political parties before elections. It's not for us to interfere in this. We cannot make law,” the ACJ remarked.

He added: “I don't know what he (petitioner) is studying. What is he doing? I am really at my wits. I want to educate you more but that is not our domain. Let your teachers do it. I don't think you're attending your classes…Some people have a very aggravated notion about us...we are bound by law.”

Gupta was aggrieved by the timing of arrest of politicians after the announcement of model code of conduct by ECI, particularly Delhi Chief Minister Arvind Kejriwal, national convener of Aam Aadmi Party.

Gupta was aggrieved by the fact that electors are deprived of their fundamental right to get information under Article 19(1)(a) of the Constitution of India from the said politicians by way of being spectators and listeners of election campaigning.

“Further, the leaders of political parties are also deprived of their constitutionally guaranteed fundamental and legal right to campaigning during the election,” the plea said.

Gupta had said that he sent a representation to the authorities but the same has not been responded to.

“The Petitioner also highlights that the electors of India in general and Delhi in particular have been subjected to be uninformed voters because they are not able to learn about the objectiveness and the ideology of a nationalal party as the leader of the said political party is arrested while MCC is still in force,” the PIL read.

Title: AMARJEET GUPTA v. ELECTION COMMISSION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 524