Delhi HC rejects virtual campaigning request for arrested politicians
The Delhi High Court has dismissed a proposal seeking direction for arrested politicians to conduct virtual campaigns for the 2024 Lok Sabha elections. The request was directed at the Election Commission of India with the aim of establishing a system to enable such campaigning. The division bench, comprising acting chief justice Manmohan and justice Manmeet PS Arora, however, termed this request "highly adventurous" and in violation of basic legal principles.
Court criticizes law student's public interest litigation
The bench also chastised the petitioner for filing the PIL, saying it violated fundamental legal principles by asking the court to legislate and make laws. The request was submitted by Amarjeet Gupta, a final-year law student, through his advocate, Md. Imran Ahmad. In addition to the request for virtual campaigning, Gupta also sought a directive for the Centre to promptly inform the ECI about any arrest of a political leader or candidate.
Court advises lawyer on separation of powers
However, faced with the potential imposition of costs by the bench, Ahmad pleaded for leniency due to Gupta's status as a law student. The court responded by advising Ahmad to enlighten his client about the principle of separation of powers and judicial limitations. "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.
