HC Upholds Kejriwal’s Custody Following Judicial Orders, Dismisses Arrest Challenge

Regarding the plea to the ECI for establishing a policy allowing arrested undertrial political leaders or candidates to campaign virtually during elections, the bench remarked that it overlooked the existing regulations outlined in the jail manual governing the rights of undertrials.

“It is a well-established principle that courts refrain from issuing legislative directives unless there is a legislative void. The petition demonstrates ignorance of the separation of powers doctrine and seeks directives of a legislative nature, surpassing the jurisdiction of judicial review. Furthermore, the ECI lacks authority over the rights of undertrials in judicial custody,” stated the bench.

Although inclined to impose costs on the petitioner, the court noted the student status of Gupta, prompting his counsel to request exemption from costs. In dismissing the petition to permit arrested political leaders to campaign virtually for the Lok Sabha polls, the high court expressed concerns that such a provision might enable notorious criminals, including Dawood Ibrahim, to affiliate with political parties and engage in canvassing.

The petitioner cited dissatisfaction with the timing of politicians’ arrests, particularly that of the AAP national convener, following the enforcement of the MCC upon the EC’s announcement of the Lok Sabha polls schedule on March 16.

Kejriwal was apprehended by the Enforcement Directorate in connection with a money laundering case linked to the Delhi excise policy on March 21.

The petition argued that Gupta was troubled by the notion that voters are unable to exercise their fundamental right to access information under Article 19(1)(a) of the Constitution from politicians in custody, as they are unable to witness election campaigning.

“It also highlights that leaders of political parties are denied their constitutionally protected fundamental and legal right to campaign during elections,” the petition stated.