Develop mechanism to ensure arrested political leaders can campaign virtually: PIL in Delhi HC

A plea moved by a Law Student Amarjeet Gupta stated that the petitioner sent representation on April 2, 2024, to the Respondents to immediately stop arresting Chief Ministers, Party Leaders, Cabinet Ministers, and Candidates (for both Lok Sabha and Assembly Constituencies) after the declaration of Model Code of Conduct.

A Public Interest Litigation (PIL) has been moved in the Delhi High Court seeking direction to the Election Commission of India to immediately develop a mechanism to ensure that arrested political leaders and candidates are allowed to campaign through virtually with reasonable restrictions. A plea moved by a law student Amarjeet Gupta stated that the petitioner sent representation on April 2, 2024, to the Respondents to immediately stop arresting Chief Ministers, party leaders, cabinet ministers, and candidates (for both Lok Sabha and Assembly Constituencies) after the declaration of Model Code of Conduct.

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.

The plea also seeks direction to ECI and Central Government to comply with the Department of Personnel and Training (DoPT) Office Memorandum (O.M) dated December 1, 2011, which was reiterated O.M. dated March 15, 2021, issued by DoPT by all government officials including the respondents with regard to acknowledgement and response/reply to letters/communications received from a member of the public. Recently Delhi High Court dismissed several PILs related to Delhi Chief Minister Arvind Kejriwal's arrest by the Enforcement Directorate.

The court has also imposed costs on the petitioner and said someone is in custody by virtue of the judicial order of the court. The challenge is presently before the Supreme Court. He (Kejriwal) is taking steps and using remedies. Law is equal for anyone. The court also held that the petitioner's claims are fancy and devoid of any basis.

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

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