Live Law, a division bench consisting of Acting Chief Justice Manmohan and Justice Manmeet PS Arora described it as a ‘highly adventurous’ plea, contrary to fundamental legal principles. As per a report in ANI, the bench, led by the Acting Chief Justice, dismissed the petition, stating that if allowed, it would set a precedent for dreaded criminals like Dawood Ibrahim to form political parties, contest elections, and campaign through video conferencing. The bench also pointed out that even rapists and murderers could form political parties for such purposes.
The bench expressed awareness of the propaganda behind such petitions. They noted that they had recently dealt with several similar petitions, imposing costs on petitioners for filing frivolous pleas. In the aftermath of Delhi Chief Minister Arvind Kejriwal's arrest regarding the alleged irregularities in the liquor policy case, a final-year law student, Amarjeet Gupta, filed a PIL.
The petitioner expressed grievance over the timing of the arrests of political leaders following the announcement of the Model Code of Conduct. The Delhi High Court recently dismissed several PILs related to Delhi Chief Minister Arvind Kejriwal's arrest by the Enforcement Directorate (ED). The court imposed costs on the petitioner, stating that someone is in custody by a judicial order and will be released if they are entitled in accordance with law.
The court also observed that the petitioner's claims were fancy and devoid of any basis. The ED arrested Kejriwal on March 21 in connection with the excise policy case. The ED alleged that the Aam Aadmi Party (AAP) was the major beneficiary of the proceeds of crime generated in the alleged liquor scam.
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