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The plea asserted that the imprisonment of political candidates and leaders during election campaigns impeded voters' fundamental right to obtain vital information from political figures
In a recent development, a final-year law student from Jamia Millia Islamia University approached the Delhi High Court by way of a petition aimed at facilitating the participation of arrested political figures and candidates in the electoral campaigning for the Lok Sabha 2024 Elections.
Advocate Md. Imran Ahmad articulated the petitioner's concern, highlighting the denial of fundamental rights to the electorate, particularly in Delhi, where voters are deprived of the opportunity to access crucial information from political leaders during election campaigns. The plea underscored the plight of Indian electors, emphasizing their status as uninformed voters due to the absence of political leaders' presence in campaigning activities following their arrests while the Model Code of Conduct (MCC) remains in effect.
The petition specifically lamented the timing of arrests, citing the case of Delhi Chief Minister Arvind Kejriwal, who was apprehended by the Enforcement Directorate (ED) on March 21, coinciding with the announcement of the MCC for the Lok Sabha elections. Kejriwal's arrest, purportedly linked to a money-laundering case associated with the former excise policy of the Delhi government, has resulted in his detention at Tihar Jail since April 1.
Moreover, the plea highlighted the broader repercussions of such arrests, asserting that they not only impede the rights of political leaders but also hinder the democratic process itself. It advocated for the utilization of modern communication technologies, such as video conferencing, to enable arrested politicians to engage in campaigning while adhering to security and legal protocols.
Furthermore, the petition sought directives mandating the prompt disclosure of any political leader or candidate's arrest to the Election Commission, thereby ensuring transparency and accountability in the electoral process. By addressing these concerns, the petitioner and Advocate Ahmad aim to uphold the principles of democracy and ensure that all stakeholders can actively participate in the electoral process, irrespective of their legal circumstances.
Case Title: Amarjeet Gupta v Election Commission Of India & Ors.
[Inputs: Economic Times]
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