Can Arrested Politicians Campaign Virtually For Polls? Delhi HC's Big Ruling

New Delhi: The Delhi High Court on Wednesday dismissed a PIL to allow arrested political leaders to campaign through video conference for the forthcoming Lok Sabha elections.   

The division bench consisting Acting Chief Justice Manmohan and Justice Manmeet PS Arora termed the plea as ‘highly adventorous’ and contrary to fundamental principles of law. 

The petition was moved by a law student seeking a direction upon the Election Commission (ECI) to develop a mechanism to ensure that arrested leaders are allowed to campaign. 

The bench rapped Amarjeet Gupta and Advocate Md. Imran Ahmad who appeared for the petitioner. 

The plea also sought a direction to Central Government to provide information about the arrested political leaders or a Lok Sabha election candidate to the poll body. 

SC Raps Petitioner

While quashing the petition, the court said that it will impose penalty on the petitioner for moving such matters in the top court. His counsel, however, urged the court that the same may not be done as the petitioner is a student of law. 

Subsequently, the court asked the counsel to make the law student aware 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.

Gupta expressed displeasure over the timing of the arrest of political leaders after the implementation of model code of conduct by the poll body, including Delhi Chief Minister Arvind Kejriwal. 

He underlined that fundamental rights of the electors are up for a toss as they under provisions of Article 19(1)(a) of the Constitution of India have the right to get information 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.