“Delhi High Court dismisses requests for arrested politicians to participate in election campaigning”

The Delhi High Court rejected a plea on Wednesday requesting the Election Commission of India (ECI) to establish a method for arrested politicians to campaign for elections via virtual conferencing. The court expressed concerns that such a provision could potentially enable notorious criminals to establish political parties before elections.

Delhi High Court Says No to Jailed Politicians Campaigning Online

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Live Law reported that a division bench, including Acting Chief Justice Manmohan and Justice Manmeet PS Arora, characterized the plea as “highly adventurous,” going against fundamental legal principles. According to an ANI report, the bench, led by the Acting Chief Justice, rejected the petition, warning that granting permission could establish a precedent for notorious criminals like Dawood Ibrahim to establish political parties, participate in elections, and conduct campaigns via video conferencing. The bench also noted the potential for individuals convicted of serious crimes, such as rape and murder, to form political parties for similar purposes.

Image source: NRI Legal Services 

Following the arrest of Delhi Chief Minister Arvind Kejriwal in connection with alleged irregularities in a liquor policy case, a final-year law student named Amarjeet Gupta filed a Public Interest Litigation (PIL). The petitioner expressed dissatisfaction with the timing of arrests of political figures following the announcement of the Model Code of Conduct.

The court emphasized its desire to avoid involvement in political matters, questioning why the petitioner, Amarjeet Gupta, was drawing them into such complexities. The bench expressed its view that the courts were already diligently applying the law, and accused individuals were exercising their legal rights. They highlighted the petitioner’s attempt to steer the court towards actions contradictory to the law. Gupta’s plea, representing the interests of voters wanting information about the Aam Aadmi Party’s (AAP) ideologies amid the arrest of its leader, Arvind Kejriwal, was deemed by the bench as an attempt to politicize the court. 

Recently, the Delhi High Court dismissed several PILs related to the arrest of Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate (ED). The court imposed costs on the petitioner, stating that individuals in custody would be released if entitled according to the law. Additionally, the court noted that the claims made by the petitioner lacked substance and were merely speculative.

What is Enforcement Directorate(ED) or Directorate of Enforcement?

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The Directorate of Enforcement is a versatile agency tasked with investigating money laundering and breaches of foreign exchange regulations. Its primary functions involve enforcing key legislations:

(i)  the Prevention of Money Laundering Act, 2002 (PMLA), aimed at preventing money laundering and seizing assets linked to such crimes; 

(ii) the Foreign Exchange Management Act, 1999 (FEMA), focused on regulating foreign exchange transactions to facilitate trade and payments; 

(iii) the Fugitive Economic Offenders Act, 2018 (FEOA), designed to deter economic offenders from escaping Indian law by staying outside the jurisdiction, enabling the Directorate to confiscate the assets of fugitive economic offenders who have fled India and bring them under the jurisdiction of Indian courts.

 The Directorate conducts investigations to trace illicit assets, provisionally attaches properties, ensures prosecution of offenders, and confiscates assets through legal proceedings. This multifaceted approach underscores its pivotal role in safeguarding financial integrity and upholding the rule of law in India.

Not long ago Delhi Chief Minister,Arvind Kejriwal was arrested by the ED on March 21 in connection with the excise policy case. The ED alleged that the Aam Aadmi Party (AAP) was the primary beneficiary of the proceeds of crime generated in the alleged liquor scam.

Last month, the High court declined to entertain petitions calling for the removal of Kejriwal as chief minister, stating that it would defer to the lieutenant governor’s examination of the issue. It emphasized that the courts should not preempt the actions of the L-G or the President of India, who hold discretion in such matters. Additionally, the court rejected a request for “extraordinary interim bail” for Kejriwal in criminal cases related to alleged irregularities in the 2021-22 Delhi excise policy, imposing a ₹75,000 fine on the petitioner.