JUDGMENT

MANMOHAN, ACJ: (ORAL)

1. Present Public Interest Litigation (‘PIL’) has been filed seeking a direction to the Union of India (‘UOI’) to provide information about the arrest of a political party leader or a candidate immediately to the Respondent No. 1, Election Commission of India (‘ECI’) when the Model Code of Conduct (‘MCC’) is in force. The Petitioner also seeks a direction to ECI to develop a mechanism to ensure that the arrested under-trial political party leaders and/or candidates are allowed to campaign through virtual conference mode with reasonable restriction as may be decided by a competent Court and/or the ECI. The Petitioner also seeks a direction to ECI to reply to letters/communication received from members of the public in terms of the Office Memorandum (‘O.M.’) dated 01st December, 2021 and 15th March, 2021 issued by Department of Personnel and Training (‘DoPT’). 2. Learned counsel for the Petitioner states that the present PIL has been filed on behalf of the affected party leaders and electors in Delhi. He states that the Petitioner is aggrieved by the timing of the arrest of the National Convener/leader of the Aam Admi Party (‘AAP’) on 21st March, 2024. He states that the said arrest has deprived the electors of Delhi with respect to their right to get information from the said party leader by listening to him during the ongoing election campaign. He states that the right of the electors to be informed about the ideology, plans and programs of AAP have been curtailed on account of the said arrest. He states that, similarly, the arrested political leader has also been deprived of his legal right to campaign during the election. He states that, therefore, arrested leaders, who are under-trials should atleast be allowed to campaign through the virtual conference mode with reasonable restriction as directed by the ECI or the competent Court.

2.1. He states that the Petitioner is of the opinion that to ensure free and fair elections and level playing field to all political parties, Respondent Nos. 2 and 3 (UOI) should ensure the detailed information about the arrest of political leader or candidate is immediately communicated to the ECI. He states that the timing of the arrest has vitiated the level playing field in the elections.

2.2. He lastly states that the Respondent No. 1, ECI has failed to give any reply to the representations made by the Petitioner and this is in contravention of the OM dated 01st December, 2021 and 15th March, 2021.

3. Learned counsel for Respondent No. 1 states that the directions sought by the Petitioner are beyond the jurisdiction of ECI. He states that ECI cannot interfere in judicial process, where a person is arrested in accordance with law.

4. This Court is of the view that the present writ petition which effectively challenges the arrest of the National Convenor of AAP on 16th March, 2024 is not maintainable as the said person is in judicial custody in pursuance to the judicial orders, which are not a subject matter of the present petition. The petition conspicuously fails to name the person though the identity is apparent due to the references made to his political standing/ position in the petition. The said person admittedly has the means and wherewithal to approach the Court and file appropriate proceedings which in fact he has so done before this Court as well as the Apex Court. A similar PIL i.e., W.P.(Crl.) 1203/2024 was dismissed with costs by this Court on 22nd April, 2024 after observing that the writ petitioner therein has no locus standi to approach the Court for seeking relief with respect to criminal proceedings initiated against the said person. This petition as well is liable to be dismissed as the Petitioner herein has no locus standi to seek the reliefs in favour of the arrested person.

5. The direction sought in the present petition to Respondent Nos. 2 and 3 to provide information of the arrest of a political party leader or a candidate to ECI when MCC is i