The Delhi High Court on Tuesday sought response of the city government, the police and the Election Commission on an auto driver’s plea to declare that displaying ‘I love Kejriwal’ and ‘Sirf Kejriwal’ messages on three-wheelers do not constitute a political advertisement.
Rajesh, a Delhi-based auto driver, moved the High Court after a challan for ₹10,000 was issued to him for displaying the messages on his three-wheeler.
Kejriwal tweets support
Reacting to the story, Chief Minister Arvind Kejriwal tweeted: “The BJP is issuing challans to auto drivers through its police. Their [auto drivers] only offence is that they have written ‘I love Kejriwal’. Such ill-will towards the poor is not good. I appeal to the BJP to stop taking revenge against the poor.”
The counsel for the Election Commission said that action was likely taken for violation of the model code of conduct during which political advertisements are prohibited.
The lawyer representing Rajesh opposed the poll panel’s submission on the ground that it was not a political advertisement and even if it was, it would not be prohibited as it was displayed at personal expense and not by a political party.
He also argued that political advertisements were permitted on the rear, right and left sides of public service vehicles, including autos, under guidelines issued by the Delhi government in 2018.
Advocate Nitin K. Gupta, who filed the petition, said Rajesh had painted the words ‘I love Kejriwal’ and ‘Sirf Kejriwal’ on the back of his auto in September-October 2019 of his own free will. Mr Gupta said his client was stopped by the traffic police on January 15 and challaned ₹10,000 for permit violation under the Motor Vehicles Act.
The plea has claimed that the action was taken without any advance notice by any government department prohibiting such a display. Rajesh also submitted that he belonged to “lower-class and was barely making ends meet by driving an auto”.
Rajesh said the challan was a deliberate attempt to give political colour to the markings of ‘I love Kejriwal’ and curtail his right to free speech and expression.
