On Monday, the Supreme Court of India rejected a plea that sought permission for arrested political leaders to engage in election campaigning virtually. The bench, comprising Justices Surya Kant and Ujjal Bhuyan, upheld the earlier decision made by the Delhi High Court, which had dismissed the petition on similar grounds.
The petition, brought forth by Amarjeet Gupta, a law student, argued for the rights of incarcerated politicians to continue their electoral campaigning through virtual platforms. However, the Supreme Court characterized the plea as having been filed with “mala fide intent” and specifically focused on one politician, Arvind Kejriwal, noted for his frequent legal battles and representation by prominent lawyers.
In its decision, the Supreme Court stated, “We do not deem it necessary to entertain this petition purportedly filed in public interest. Dismissed.” The ruling emphasizes the court’s reluctance to intervene in matters that it perceives as veiled attempts to circumvent legal and electoral norms for specific individual benefits.
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The Delhi High Court, in its previous judgment, had termed the petition as “highly adventurous” and contrary to the fundamental principles of law. The court had expressed concerns that allowing virtual campaigning for arrested individuals could lead to misuse by notorious criminals and even fugitives, highlighting the example of gangster Dawood Ibrahim potentially exploiting such a provision to engage in political canvassing.
