Campaigning Not A Fundamental Right: ED Opposes Interim Bail to Arvind Kejriwal

New Delhi: The Enforcement Directorate (ED) on Thursday opposed interim bail for Delhi Chief Minister Arvind Kejriwal, saying that right to campaign for elections was "not fundamental". In an affidavit filed by ED's Deputy Director Bhanu Priya before the Supreme Court, the probe agency asserted,"The right to campaign for an election is not fundamental, constitutional or legal. To ED's knowledge, no political leader has been granted interim bail for campaigning even though he is not the contesting candidate." The Aam Aadmi Party (AAP) leader was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.  

The affidavit comes a day before the Supreme Court is set to deliver its order on granting interim bail to Kejriwal in a money laundering case linked to the alleged excise policy scam on May 10.  

What ED Said in Its Affidavit: Key Points

• "Around 123 elections have taken place in the past three years and if interim bail is granted for election campaigning then no politician can be arrested and kept in judicial custody since elections take place all year round," the ED stated.
• "Any special concession in Kejriwal’s favour granting interim bail for campaigning in the general election would amount to anathema to the rule of law and equality," it added.
• Lambasting Kejriwal for seeking interim bail, the ED said that the AAP leader used the same excuse to avoid the summons earlier, saying there were elections in five states.
• The central probe agency also contended that no politician could be arrested and kept in judicial custody if they are granted interim bail for poll campaigning.
• All "unscrupulous" politicians would be permitted to commit crime and avoid investigation under the garb of elections, the ED further added.
• It also said that Arvind Kejriwal or any other politician cannot can claim no special status higher than that of an ordinary citizen.
• "It will create two separate classes in the country viz. ordinary people who are bound by the rule of law as well as the laws of the country and politicians who can seek exemption from the laws with the hope of securing interim bail to campaign for elections," the affidavit read.
• The probe agency further contended that there have been instances where politicians contested elections while in judicial custody and emerged victorious, yet they were not granted interim bail. 
• Additionally, it highlighted the possibility of several politicians being held in judicial custody across the nation for non-PMLA (Prevention of Money Laundering Act) offenses. 

On May 7, the Supreme Court had reserved its verdict on interim bail to Kejriwal.The two-judge bench had risen without pronouncing order on granting Kejriwal interim bail to enable him to campaign in the Lok Sabha elections.

The bench had reserved its decision after hearing the arguments put forth by senior advocate Abhishek Singhvi and Additional Solicitor General S V Raju, who appeared for Kejriwal and the Enforcement Directorate, respectively.

Solicitor General Tushar Mehta, who appeared for the probe agency, had staunchly opposed showing any leniency to Kejriwal on account of the Lok Sabha polls and said granting interim bail to the AAP national convenor would amount to creating a separate class for politicians.

The bench has divided the hearing on Kejriwal’s petition against his arrest into two parts.

His main petition challenges his arrest by the ED and seeks it to be declared as illegal, while the second aspect pertains to grant of interim bail keeping in mind the ongoing Lok Sabha polls.

The court reserved the order on the issue of grant of interim bail.

On Tuesday, a Delhi court has extended Kejriwal's judicial custody in the money laundering case till May 20.

The Delhi High Court had on April 9 upheld Kejriwal's arrest, saying there was no illegality and the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.

The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22.