NEW DELHI: The
Delhi high court
on Wednesday dismissed a
petition
that sought to compel the Election Commission of India to develop a mechanism allowing political leaders and candidates to campaign virtually with reasonable restrictions.
The bench, consisting of Acting Chief Justice Manmohan and Justice Manmeet PS Arora, termed the plea as “highly adventurous” and against the fundamental principles of law.
The court emphasized that it is not within their jurisdiction to make policy decisions, as that responsibility lies with the Parliament.
The bench warned against the potential misuse of such a provision, stating, “We can’t allow someone who is in custody to run a campaign. Otherwise, all rapists, murderers will start floating political parties just prior to the elections.”
The court also initially considered imposing costs on the petitioner but refrained from doing so after the arguing counsel pleaded that the petitioner was a student.
The petition was filed by Amarjeet Gupta, a law student, who expressed concern over the timing of the arrest of politicians, particularly Delhi chief minister
Arvind Kejriwal
, following the announcement of the model code of conduct by the Election Commission of India (ECI). The bench stressed the importance of the separation of powers and urged the petitioner’s lawyer to educate him on this principle.
During the hearing, the bench observed that the petition goes against the fundamental principles of law and that the court cannot act contrary to the law. Justice Manmohan emphasized that the judiciary aims to stay away from politics, but increasingly, people are involving them in political matters.
The bench also noted that the accused is availing legal remedies, and courts are applying judicial mind and passing orders accordingly.
The petitioner’s counsel argued that no one can be arrested while the model code of conduct is in force. However, the court countered this argument by questioning whether a candidate who commits murder during the election period should be exempt from arrest due to the model code of conduct.
The bench reiterated that it is not within their domain to interfere in such matters or make laws.
The petition claimed that the arrest of political leaders deprives electors of their fundamental right to receive information under Article 19(1)(a) of the Constitution through election campaigning.
It also argued that the leaders of political parties are deprived of their constitutionally guaranteed fundamental and legal right to campaign during the election.
