PIL In Delhi High Court Calls For Mechanism Ensuring Virtual Campaigning by Arrested Political Leaders

A Public Interest Litigation (PIL) has been filed in the Delhi High Court, urging the Election Commission of India to promptly establish a system ensuring that political leaders and candidates who are arrested can campaign virtually with reasonable restrictions.

The plea, put forward by law student Amarjeet Gupta, highlights that on April 2, 2024, a representation was sent to the concerned authorities, urging them to cease the arrest of Chief Ministers, party leaders, cabinet ministers, and candidates (for both Lok Sabha and Assembly Constituencies) following the declaration of the Model Code of Conduct.

Additionally, the plea requests the implementation of a mechanism that eliminates the necessity for enforcement agencies to obtain permission from the Election Commission of India before making arrests.

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Furthermore, the plea emphasized that in cases where arrest is deemed urgently necessary for national security reasons, such as offenses under the UAPA, immediate information about such arrests should be conveyed to the Election Commission of India. Additionally, the plea seeks directives to the ECI and the Central Government to adhere to the Office Memorandum (O.M) dated December 1, 2011, issued by the Department of Personnel and Training (DoPT), which was reiterated in an O.M. dated March 15, 2021.

These directives pertain to acknowledgment and response to letters/communications received from members of the public by all government officials, including the respondents.

Recently, the Delhi High Court dismissed several PILs related to the arrest of Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate. The court imposed costs on the petitioner, stating that someone being in custody is a result of a judicial order and that the challenge is presently before the Supreme Court. The court emphasized that Kejriwal is availing himself of legal remedies, affirming the principle of equality before the law. Furthermore, the court deemed the petitioner’s claims as unfounded and lacking in substance.

Kejriwal was arrested on March 21 by the Enforcement Directorate in connection with the excise policy case. The ED alleged that the Aam Aadmi Party (AAP) is the primary beneficiary of the proceeds of crime generated in the alleged liquor scam.

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