New Delhi: The Delhi High Court on Wednesday rejected a plea seeking permission for arrested political leaders to campaign virtually for the Lok Sabha elections, terming the plea as "extremely bold" and against the basic principles of law.
A bench of Acting Chief Justice Manmohan Singh and Justice Manmeet PS Arora said courts do not take policy decisions and it is the job of Parliament to decide on such issues.
"We cannot allow someone who is in custody to campaign. Otherwise, all the rapists, murderers will start forming political parties just before the elections," the bench said.
The High Court warned the petitioner of imposing a fine, but later agreed not to do so because the arguing counsel argued that the petitioner was a student.The court was hearing a plea by law student Amarjeet Gupta, who was aggrieved by the timing of the arrest of politicians, especially Delhi Chief Minister Arvind Kejriwal, following the announcement of the model code of conduct by the ECI.
The bench said, "Okay, we will not impose any fine but you (the lawyer) will have to teach him (the petitioner) about the separation of powers."
During the hearing, the bench said, "You are being bold. This is extremely bold. The petition is against the basic principles of law.You are asking us to act contrary to the law. We don't make laws, we don't make policy decisions."
Justice Manmohan further said that 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 in politics.You are dragging us more into politics. One person comes and says take him out of jail (apparently referring to Kejriwal), another person says keep him in jail, the accused is availing legal remedies. The courts are applying and passing orders with a judicial mind,” and there is some publicity involved as well.
As the petitioner's counsel argued that one cannot be arrested because the Model Code of Conduct is in force, the court said, "If a candidate is contesting an election and he commits murder because the MCC is in force, then Does this mean he won't be arrested".
The bench said, “What are you doing? Please understand.People involved in murder and rape will start forming political parties before the elections. It is not our job to interfere in this. We can't make laws."
Justice Manmohan further said, "I don't know what he (the petitioner) is reading, what he is doing? I am really at my wit's end. I would like to educate you more, but that is not our field. Is.Let your teachers do that. "I don't think you're attending your classes."
The plea, filed through advocate Mohammed Imran Ahmed, claims that he is aggrieved by the fact that voters are being deprived of the opportunity to receive information from politicians detained under Article 19(1)(a) of the Constitution by virtue of being spectators. They are deprived of their fundamental rights. And the election campaign audience.
I said, “Leaders of political parties are also deprived of their constitutionally guaranteed fundamental and legal right to campaign during elections."
A bench of Acting Chief Justice Manmohan Singh and Justice Manmeet PS Arora said courts do not take policy decisions and it is the job of Parliament to decide on such issues.
"We cannot allow someone who is in custody to campaign. Otherwise, all the rapists, murderers will start forming political parties just before the elections," the bench said.
The High Court warned the petitioner of imposing a fine, but later agreed not to do so because the arguing counsel argued that the petitioner was a student.The court was hearing a plea by law student Amarjeet Gupta, who was aggrieved by the timing of the arrest of politicians, especially Delhi Chief Minister Arvind Kejriwal, following the announcement of the model code of conduct by the ECI.
The bench said, "Okay, we will not impose any fine but you (the lawyer) will have to teach him (the petitioner) about the separation of powers."
During the hearing, the bench said, "You are being bold. This is extremely bold. The petition is against the basic principles of law.You are asking us to act contrary to the law. We don't make laws, we don't make policy decisions."
Justice Manmohan further said that 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 in politics.You are dragging us more into politics. One person comes and says take him out of jail (apparently referring to Kejriwal), another person says keep him in jail, the accused is availing legal remedies. The courts are applying and passing orders with a judicial mind,” and there is some publicity involved as well.
As the petitioner's counsel argued that one cannot be arrested because the Model Code of Conduct is in force, the court said, "If a candidate is contesting an election and he commits murder because the MCC is in force, then Does this mean he won't be arrested".
The bench said, “What are you doing? Please understand.People involved in murder and rape will start forming political parties before the elections. It is not our job to interfere in this. We can't make laws."
Justice Manmohan further said, "I don't know what he (the petitioner) is reading, what he is doing? I am really at my wit's end. I would like to educate you more, but that is not our field. Is.Let your teachers do that. "I don't think you're attending your classes."
The plea, filed through advocate Mohammed Imran Ahmed, claims that he is aggrieved by the fact that voters are being deprived of the opportunity to receive information from politicians detained under Article 19(1)(a) of the Constitution by virtue of being spectators. They are deprived of their fundamental rights. And the election campaign audience.
I said, “Leaders of political parties are also deprived of their constitutionally guaranteed fundamental and legal right to campaign during elections."
