Supreme Court Dismisses Plea Seeking To Permit Arrested Politicians To Campaign Through VC; Keeps Question Of Law Open

Recently, the Delhi High Court Bench of Chief Justice Manmohan and Justice Manmeet PS Arora had also dismissed the same, saying that it is a highly adventurous plea, contrary to fundamental principles of law. Against this backdrop, the present SLP was filed before the Top Court.

However, the Bench of Justices Surya Kant and Ujjal Bhuyan said that the entire pleading concentrated on one particular person.

“Why are you concentrating with respect to one person your entire pleadings are referring to one particular political person who himself is capable of coming to court...battery of the lawyers are for him," the Court stated. It appeared that the Court was making a veiled reference to Arvind Kejriwal (as the petition was filed in the wake of Kejriwal's arrest).

“Suppose he comes for voiceless people; yes, we will entertain. These are parallel proceedings. Private proceedings also and then in the name of PIL also.,” the Bench added.

When Senior Advocate CU Singh, for the petitioner, stressed that the matter is very important, the Court said that it would keep the question of law open and would adjudicate on the same, but not in this case.

“We will appreciate it if the point has been raised in an appropriate manner and we have quality assistance from a seasoned lawyer like Mr. Singh but not in this case. We will keep the question of law open.”

After hearing the submissions, the Court passed the following order:

“Having regard to the nature of averments made in the Writ Petition and the arguments raised before the High Court, giving an expression of taking up the cause of an individual instead of general public at large, we do not deem it necessary to entertain this SLP as the imp question of law can be determined in some other appropriate proceedings. Leaving that question of law open, the SLP is disposed of.”

The petitioner, a final year law student, had stated in the PIL that its being filed on behalf of the affected party leaders and electors in Delhi.

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

The petition submitted Gupta 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.

In view of this, he argued that arrested leaders who are under trial should at least be allowed to campaign through virtual conference mode with reasonable restriction as directed by the competent Court.

Case Details: AMARJEET GUPTA Versus ELECTION COMMISSION OF INDIA AND ORS., SLP(C) No. 13629/2024