Delhi HC dismisses PIL to allow arrested political leaders, candidates to campaign virtually
May 01, 2024
New Delhi [India], May 1 : The Delhi High Court on Wednesday dismissed a Public Interest Litigation (PIL) seeking direction to the Election Commission of India to immediately develop a mechanism to ensure that political leaders and candidates are allowed to campaign virtually with reasonable restrictions.
While dismissing the petition, the bench led by the Acting Chief Justice remarked that if this were done, Dawood Ibrahim and all other dreaded criminals would form a political party and contest elections and campaign through video conferencing. Even rapists and murderers will float a political party for the purpose, the bench said.
The bench also comprising Justice Manmeet Pritam Singh Arora said, we are aware of the propoganda behind these types of petitions and we are well aware of that. We have dealt with several petitions recently and have also imposed costs on the petitioners for filing frivolous pleas.
A plea moved by a Law Student Amarjeet Gupta stated that the petitioner sent representation on April 2, 2024, to the respondents to immediately stop arresting Chief Ministers, Party Leaders, Cabinet Ministers, and Candidates (for both Lok Sabha and Assembly Constituencies) after the declaration of Model Code of Conduct.
Further, a request was also made to ensure that a mechanism is in place so that the enforcement agencies do not require permission from the Election Commission of India for arrest. Additionally, it was requested that the arrest is so urgent for national security such as the offences committed under the UAPA, then at least information about such arrest must be given to the Election Commission of India immediately after arrest, the plea stated.
The plea also sought direction to ECI and Centre Government to comply with the Department of Personnel and Training (DoPT) Office Memorandum (OM) dated December 1, 2011, which was reiterated OM dated March 15, 2021, issued by DoPT by all government officials including the Respondents with regard to acknowledgement & response/reply to letters/communications received from a member of the public.
Recently, the Delhi HC dismissed several PILs related to Delhi Chief Minister Arvind Kejriwal's arrest by the Directorate of Enforcement (ED). The court has also imposed costs on the petitioner and said someone is in custody by virtue of the judicial order of the court. The challenge is presently before the Supreme Court. He (Kejriwal)is taking steps and using remedies. Law is equal for anyone. The court also held that the petitioner's claims are fancy and devoid of any basis, the court observed.
Kejriwal was arrested on March 21 by the ED in connection with the excise policy case. ED alleged that the Aam Adami Party (AAP) is the major beneficiary of the proceeds of crime generated in the alleged liquor scam.
