Delhi HC dismisses PIL on jailed politicians' campaigning, calls it "highly adventurous"

• Delhi HC dismisses plea for virtual campaigning by jailed politicians for Lok Sabha elections
• Bench criticizes petitioner, a law student, for seeking judicial legislation and exceeding legal boundaries
• Court emphasizes understanding of separation of powers and transparency in arrest procedures during elections

The Delhi High Court has rejected a plea urging the Election Commission of India (ECI) to enable arrested political leaders to campaign virtually for the 2024 Lok Sabha elections. Terming the petition "highly adventurous," the court criticized the petitioner, a law student, for overstepping legal boundaries.

Amarjeet Gupta, a final-year law student, filed the petition through advocate Md. Imran Ahmad, seeking a directive for the ECI to facilitate virtual campaigning for incarcerated politicians. However, the bench rebuked the petitioner, highlighting that the plea contradicted fundamental legal principles by attempting to legislate through the judiciary.

The court, considering imposing costs on the petitioner, was met with a plea from the student's counsel, citing his status as a law student. In response, the bench emphasized the importance of understanding the separation of powers and the limitations of judicial authority.

"It is not a vacuum. You are asking us to act contrary to law. The law says how the accused in custody is to be treated. There is no vacuum here," remarked the bench, emphasizing the existing legal framework governing the treatment of detainees.