Introduction:

The Delhi High Court recently dismissed a PIL filed by Amarjeet Gupta, seeking a direction upon the Election Commission of India (ECI) to allow arrested political leaders to campaign through video conferencing (VC) during the ongoing Lok Sabha polls 2024. The PIL raised concerns about the fundamental rights of electors and political leaders, particularly in light of arrests during the model code of conduct (MCC) period. However, the court found the plea contrary to fundamental legal principles and declined to intervene in policy matters.

Arguments of Both Sides:

Gupta, represented by Advocate Md. Imran Ahmad, argued for the implementation of a mechanism allowing arrested political leaders to campaign via VC, citing deprivation of electors’ rights and political leaders’ campaigning rights. However, the court, represented by Acting Chief Justice Manmohan and Justice Manmeet PS Arora, rebuked the petitioner for attempting to involve the court in legislative and policy matters. The court emphasized the separation of powers and the limits of judicial authority in interfering with political issues.

Court’s Judgment:

The Delhi High Court dismissed the PIL, highlighting that the court cannot legislate or decide policy matters. The bench criticized the petitioner’s approach and warned against attempts to involve the court in political matters. The court affirmed that the issue of arrested political leaders during elections falls outside its jurisdiction and urged the petitioner to understand the legal framework and respect the separation of powers.