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Synopsis

The Delhi High Court, on Wednesday, dismissed a request that aimed to grant detained politicians the ability to conduct virtual election campaigns. This decision reaffirmed the judiciary's stance of maintaining a distance from political affairs. The court underscored its commitment to avoiding political entanglements, expressing concern over attempts to draw it into such matters. 

The bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora held, ‘We want to stay away from politics but more and more people want to involve us in politics. Today, the campaign is taking place outside, but it seems it is happening more in the courts’.

The petition, filed by a final-year law student from Jamia Millia Islamia University, represented by Advocate Imran Ahmad, highlighted the denial of fundamental rights to voters, especially in Delhi, due to the absence of political leaders in campaign activities following their arrests during the Model Code of Conduct (MCC) period. The plea stressed the plight of uninformed voters and advocated for the adoption of modern communication technologies, such as video conferencing, to facilitate the participation of arrested politicians in campaigning, while ensuring security and legal compliance.

In response, the court expressed its reluctance to engage in political matters, lamenting the increasing pressure to do so. The court opined, ‘We don’t need opinions from law students at the moment’ while showing displeasure over the grasp of the student over fundamental principles of law. 

Emphasizing the court's role in upholding legal principles rather than formulating policy, the court rebuffed suggestions, directing the election commission to permit virtual campaigning upon the arrest of a political leader. The court urged the petitioner to familiarize himself with legal principles and highlighted the judiciary's non-involvement in policy decisions.

Furthermore, the court cautioned against the potential misuse of virtual campaigning privileges by individuals with criminal backgrounds. 

The court warned against attempts to politicize the judiciary and vowed to impose stricter penalties for frivolous petitions. Previous instances of similar petitions, including those filed by students, were cited as examples, with the court signaling its intention to crack down on repeated efforts to drag the judiciary into political disputes. The court opined, 'We understand this strategy...trying to pull us back in politics again and again'.

The court emphasized the importance of adhering to legal procedures and respecting the boundaries between the judiciary and the executive and legislative branches of government. Accordingly, the court dismissed the plea without costs. 

Case Title: Amarjeet Gupta v Election Commission Of India & Ors. (W.P.(C)-6076/2024)