May 01, 2024 12:36 PM IST
The Delhi high court dismissed a plea to allow arrested political leaders to campaign through virtual mode for the Lok Sabha elections.
The Delhi high court on Wednesday dismissed a plea seeking a direction to the Election Commission of India (ECI) to develop a mechanism to ensure that arrested political leaders are allowed to campaign through virtual mode for the Lok Sabha elections 2024. The high court called the plea “highly adventurous”.
A division bench comprising of acting chief justice Manmohan and justice Manmeet PS Arora said it is a highly adventurous plea, contrary to fundamental principles of law, Live Law reported.
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The bench pulled up the petitioner, who is a law student, for filing the PIL and called it contrary to the fundamental principles of law as it was asking the court to legislate and make laws, it reported.
The petition was filed by Amarjeet Gupta, a final-year law student, and was moved through advocate Md. Imran Ahmad.
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A direction was also sought from the Centre to provide information about the arrest of a political leader or a candidate immediately to the Election Commission of India.
When the Delhi high court bench said it would impose costs on the petitioner, his counsel requested that the same may not be done as the petitioner is a student of law, Live Law reported.
The court then asked the lawyer to make the law student understand 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 bench stated.
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.
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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 court’s judicial order. The challenge is presently before the Supreme Court. He (Kejriwal)is taking steps and using remedies. Law is equal for anyone. The court also observed that the petitioner’s claims are fancy and devoid of any basis.
Arvind Kejriwal was arrested on March 21 by the ED in connection with the excise policy case. The ED alleged that the Aam Adami Party (AAP) is the major beneficiary of the proceeds of crime generated in the alleged liquor scam.
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