A Public Interest Litigation (PIL) filed before the Delhi High Court questioning whether jailed politicians should be permitted to campaign during elections. The petition raises concerns about the fairness and ethical standards in electoral processes. The court expected to deliberate on this matter, considering various legal and constitutional aspects. This issue highlights ongoing debates about the rights and responsibilities of politicians, especially when facing legal challenges.
New Delhi: A Public Interest Litigation (PIL) initiated at the Delhi High Court, aiming to compel the Election Commission of India (ECI) to create a system that allows arrested political figures to participate in election campaigns. This petition lodged by an individual named Amarjeet Gupta, who seeks to have provisions for detained politicians to engage in election campaigning through virtual conferences unless they have been formally convicted.
The catalyst for Gupta’s petition is his concern over what he perceives as strategically timed arrests of various political leaders shortly after the enforcement of the Model Code of Conduct (MCC), which began on March 16, 2024, in anticipation of the upcoming Lok Sabha elections.
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Specifically, Gupta highlighted the arrest of Arvind Kejriwal, the Chief Minister of Delhi. He argues that this arrest infringes upon the fundamental rights of the citizens of Delhi, as it restricts their access to campaign information from Kejriwal’s party, the Aam Aadmi Party (AAP), thereby diminishing their participation in the democratic process as observers and listeners of the campaign.
The plea argues,
“The right of voters to be informed about the ideology, plans, and programs of the AAP has been restricted due to Kejriwal’s arrest.”
The petition further argues,
“The leaders of political parties are also deprived of their constitutionally guaranteed fundamental and legal right to campaign during the election.”
It emphasizes the differing political landscapes between the ruling parties of the Government of NCT of Delhi and the Government of India, noting that, oppositional to each other.
The plea elaborates,
“It is pertinent to mention that the timing of the arrest of the aforesaid party leader vitiates the level playing field as his right to campaign has been curtailed due to the action of the Directorate of Enforcement. Further, the right of voters to be informed about the ideology, plans, and programs of the Aam Aadmi Party has been curtailed on account of the arrest.”
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The petition requests that the court mandate the Central government to promptly notify the Election Commission of India (ECI) whenever a political leader or candidate arrested. Amarjeet Gupta pointed out a discrepancy in the current practices during the enforcement of the Model Code of Conduct (MCC). He notes that while the ECI routinely informed about individuals placed in preventive detention, similar notifications are not extended for arrests made by the Enforcement Directorate (ED).
This gap, according to Gupta, could potentially impact the fairness and transparency of the electoral process, as the ECI remains unaware of such significant developments affecting candidates and political leaders.
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