The Delhi High Court on Wednesday dismissed a public interest litigation seeking the deregistration of the Aam Aadmi Party and a ban on party leaders, including Arvind Kejriwal and Manish Sisodia, from contesting elections over alleged remarks targeting court proceedings before Justice Swarana Kanta Sharma in the excise policy case, NDTV reported.
Kejriwal boycotted the CBI excise policy proceedings before the Justice Sharma after the court rejected his recusal application. He had stated that ‘he had lost confidence in the court's ability to ensure impartial adjudication' and invoked Gandhian principles of Satyagraha to justify his withdrawal.
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Calling the petition “highly misconceived” and “bereft of merit”, the bench questioned the legal basis for seeking deregistration of a political party, noting that there is no specific provision under the Representation of the People Act for such action.
During the hearing, the court repeatedly asked the petitioner's counsel how alleged criticism of court proceedings could justify either the deregistration of a political party or the disqualification of its leaders from elections.
The bench observed that if any individual scandalises the court, the appropriate remedy lies under the Contempt of Courts Act. The petitioner argued that leaders holding constitutional positions must refrain from making remarks that undermine judicial proceedings and referred to press conferences held after court observations in the excise policy case.
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However, the court maintained that contempt proceedings, if applicable, cannot automatically lead to electoral disqualification or cancellation of a party's registration. The High Court ultimately refused to entertain the plea, stating there was no occasion for issuing such directions to the Election Commission at this stage.
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