The Delhi High Court.
Credit: PTI File Photo
New Delhi: The Delhi High Court on Wednesday dismissed a petition seeking to allow arrested political leaders to campaign through the virtual mode for the Lok Sabha polls, observing this would lead to dreaded criminals, even Dawood Ibrahim, to register themselves with political parties and canvass.
Terming the petition as 'highly adventurous' and against the fundamental principles of the law, a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said courts do not make policy decisions and that it is for Parliament to decide on such issues.
'You want all the people who are in jail should be allowed to virtually campaign... I'm telling you all the dreaded criminals will register themselves with political parties. And, Dawood Ibrahim who is not convicted, he will be campaigning. Virtual mode will allow him... Someone is in custody by virtue of a judicial order,' the bench said.
"We can't allow someone who is in custody to run a campaign. Otherwise, all rapists, murderers will start floating political parties just prior to the elections," the bench said.
The high court warned the petitioner of imposing costs but later agreed not to do so as the arguing counsel pleaded that the petitioner was a student.
The court was hearing a petition by Amarjeet Gupta, a law student, who was aggrieved by the timing of the arrest of politicians, particularly Delhi Chief Minister Arvind Kejriwal, after the announcement of the model code of conduct by the ECI.
"Okay we will not impose costs but you (lawyer) must teach him (petitioner) about separation of powers," the bench said.
During the hearing, the bench observed, "You are being adventurous. This is highly adventurous. The petition is against the fundamental principles of law. You are asking us to act contrary to the law. We don't legislate, we don't take policy decisions."
Justice Manmohan further said the more judges want to stay away from politics, the more they are being pushed into it.
"We want to stay away from politics and today more and more people are involving us into politics. You are pulling us more into politics. One person comes and says take him (apparently referring to Kejriwal) out of jail, one person says keep him in jail. The accused is availing legal remedies. Courts are applying judicial mind and passing orders," the bench said, and added some propaganda and publicity is involved in this.
As the petitioner's counsel contended no one can be arrested since the model code of conduct was in force, the court said, "If a candidate is contesting in election and he commits murder, because of MCC being in force, does it mean he won't be arrested".
"What are you doing? Please understand. People involved in murder and rape will start floating political parties before elections. It's not for us to interfere in this. We cannot make law," the bench said.
Justice Manmohan further said, "I don't know what he (petitioner) is studying. What is he doing? I am really at my wits' end. I want to educate you more but that is not our domain. Let your teachers do it. I don't think you're attending your classes. Some people have a very aggravated notion about us...we are bound by law. Some people have a very aggravated notion about us... Can we say that someone who is arrested and is in jail by virtue of a judicial order be allowed to campaign? Can we do that? We are bound by the law,' he said.
The court said how can it decide how the campaigning is to be done and how can it say that an incarcerated leader will be allowed to indulge in a virtual campaign.
"Would that not amount to legislation? Would that not amount to a change of law? Would that not amount to giving a facility which is not envisaged by the law? See that is not our domain," it said.
The petition, filed through advocate Md Imran Ahmad, claimed he was aggrieved by the fact that electors are deprived of their fundamental right to get information under Article 19(1)(a) of the Constitution from the politicians in custody by way of being spectators and listeners of election campaigning.
"The leaders of political parties are also deprived of their constitutionally guaranteed fundamental and legal right to campaigning during the election," it said.