Plea in Delhi HC: Arrested politicians be allowed to campaign during elections

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Among its prayers, the plea seeks a direction to the Centre to immediately inform the ECI when a political leader or a candidate is arrested when the MCC is in force.

A public interest litigation (PIL) has been moved in the Delhi High Court seeking a direction to the Election Commission of India (ECI) to "immediately develop a mechanism", ensuring that arrested political party leaders or candidates are allowed to campaign during elections.

The plea moved by one Amarjeet Gupta, a final-year law student of Jamia Millia Islamia, states that he is aggrieved by the "timing of the arrest of political leaders" after the announcement of the ECI's model code of conduct (MCC) for the Lok Sabha elections. It states that he is particularly aggrieved with the timing of Delhi Chief Minister Arvind Kejriwal's arrest by the Enforcement Directorate (ED) on March 21.

The plea claims that Gupta is aggrieved that the Delhi electors are "deprived of their fundamental right to get information under Article 19(1)(a) of the Constitution of India from the party leader by way of being spectators/ listeners of the election campaign". It also states that such arrested political leaders are deprived of their "constitutionally guaranteed fundamental and legal right" to campaign.

Among its prayers, the plea seeks a direction to the Centre to immediately inform the ECI when a political leader or a candidate is arrested when the MCC is in force.