The Delhi High Court has dismissed a public interest litigation (PIL) seeking that information about the arrest of politicians be immediately provided to the Election Commission of India (ECI) during the enforcement of the Model Code of Conduct.
The court ruled that such a requirement lacks legal rationale and undermines existing legal safeguards.
The PIL, filed by a final-year Law student, was seen as indirectly challenging the arrest of Delhi Chief Minister, Arvind Kejriwal, who is currently in judicial custody.
A bench of Acting Chief Justice Manmohan and Justice Manmeet P. S. Arora noted that Kejriwal is capable of pursuing legal recourse on his own, evidenced by his active cases in both Delhi High Court and the Supreme Court.
The court said that all arrested persons are legally required to be presented before a magistrate within 24 hours, making the provision of separate notifications to the ECI redundant and potentially disruptive to established legal processes.
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It also dismissed the related request for a policy allowing arrested political figures to campaign virtually, pointing out that the ECI does not govern the rights of undertrials.
Acknowledging the petitioner’s status as a student, the court refrained from imposing costs despite considering the PIL frivolous and seemingly aimed at gaining publicity.
