HC: allowing virtual campaigning by jailed leaders would let even Dawood canvass

The High Court on Wednesday rejected a plea to permit arrested political leaders to campaign through virtual mode for the Lok Sabha poll, saying this would lead to dreaded criminals, such as Dawood Ibrahim, to “register themselves with political parties” and seek votes.

“We can’t allow someone who is in custody to run a campaign. Otherwise, all rapists and murderers will start ¨oating political parties just prior to the elections,” a Bench of Acting Chief Justice Manmohan

and Justice P.S. Arora said.

The court also warned the petitioner, Amarjeet Gupta, of imposing costs but later decided against it after his counsel pleaded that he was a law student.

Manmeet

“We will not impose costs, but you [the petitioner’s lawyer] must teach him about the separation of powers,” the Bench said.

In his plea, Mr. Gupta said was aggrieved by the timing of the arrest of politicians, particularly Delhi CM Arvind Kejriwal, after the announcement of the Model Code of Conduct (MCC) by the Election Commission of India.

‘Contrary to law’

The court remarked, “You are being adventurous. The petition is against the fundamental principles of law. You are asking us to act contrary to the law.”

“We want to stay away from politics and today more and more people are involving us in politics. One person comes and says take him [apparently referring to Mr. Kejriwal] out of jail, another says keep him in jail. The accused is availing of legal remedies,” it said.

When the petitioner’s counsel argued that no one can be arrested as the MCC is in force, the Bench said, “If a candidate is contesting an election and commits murder, because of the MCC being in force, does it mean he won’t be arrested?”

We can’t allow someone who is in custody to run a campaign. Otherwise, all rapists and murderers will start ‘oating political parties just prior to the elections. DELHI HIGH COURT