Introduction:

In a recent case before the Delhi High Court, a Public Interest Litigation (PIL) sought to compel the Election Commission of India (ECI) to be informed immediately of the arrest of politicians during the Model Code of Conduct (MCC). The petitioner, Amarjeet Gupta, indirectly challenged the arrest of Chief Minister Arvind Kejriwal, who was in judicial custody. The court’s decision, detailed in a recently released order, addressed the petitioner’s concerns and highlighted the legal complexities surrounding the issue.

Arguments:

The counsel for the petitioner, Md. Imran Ahmad, and others, argued for the PIL’s validity, emphasizing the need for transparency in informing the ECI about arrests during the MCC. Conversely, the respondents’ counsels, including Ankit Agarwal for ECI and Chetan Sharma, ASG, for the state, contested the PIL’s maintainability. They highlighted the legal framework governing arrests and underlined the lack of jurisdiction of the ECI over such matters.

Court’s Judgement:

The Delhi High Court, through a division bench headed by Acting Chief Justice Manmohan, dismissed the PIL, stating that it effectively challenged Arvind Kejriwal’s arrest, which was under judicial purview. The court emphasized the existing legal safeguards regarding arrests and underlined the ECI’s lack of jurisdiction in such matters. It also criticized the petitioner for filing a frivolous petition, devoid of merit and seemingly aimed at gaining publicity.