Delhi High Court on Wednesday dismissed a plea seeking directions to allow arrested political leaders to campaign through Video Conferencing for the ongoing Lok Sabha Elections 2024. The court called the plea by a law student a "a highly adventurous plea," contrary to fundamental principles of law and warned of imposing heavy costs.
A division bench headed by Acting Chief Justice Manmohan rapped the petitioner for filing such a plea where the court is being asked to legislate.
"You want people arrested to be allowed to campaign in elections through Video Conferencing? I am telling you, if this is done, all the dreaded criminals will form political parties. Dawood Ibrahim would contest election and campaign through Video Conferencing," ACJ Manmohan remarked while disposing of the PIL.
The court said that it will impose costs on the petitioner. However, his counsel requested the court to let him go as the petitioner is a student of law.
The bench then asked the lawyer to make the petitioner understand about the 'concept of separation of powers' and the limits to judicial powers.
The PIL was moved by a law student Amarjeet Gupta, who sought directions from the court to the Election Commission of India (ECI) to bring in a mechanism to allow arrested leaders who are not convicted but are in jail to campaign through video conferencing.
The petitioner contended that he is aggrieved by the "timing of arrests" of various political leaders after the Model Code of Conduct (MCC) for the upcoming Lok Sabha elections came into force. He said that the arrest of Delhi Chief Minister Arvind Kejriwal deprived the people of Delhi of their fundamental right to get information from the Aam Aadmi Party (AAP) in election campaigns.
He contended that the right of voters to be informed about the ideology, plans and programs of the AAP has been curtailed due to Kejriwal’s arrest, the plea stated.
The bench however called this petition another attempt to drag courts into the political thicket. The court further remarked they think we don't understand the strategy. It further said that the petition involved propaganda and publicity.