Ahead of the the Supreme Court’s verdict on interim bail to Arvind Kejriwal in a money laundering case linked to now scrapped excise policy on 10 May, the Enforcement Directorate on Thursday filed an affidavit in the top court opposing bail to the Delhi Chief Minister arguing that the right to campaign for elections was not a fundamental right.
In the affidavit, the ED emphasised that campaigning for an election wasn’t recognised as a fundamental, constitutional, or legal right. The agency pointed out that no political leader had been granted interim bail for campaigning unless they were contesting candidates.
The probe agency contended that the politicians can claim no special status higher than that of an ordinary citizen and are as much liable to be arrested and detained for committing offenses as any other citizen.
The probe agency further said that there is absolutely no principle that justifies giving a differential treatment to a politician for campaigning over a farmer or a businessman who wishes to pursue his vocation.
“The grant of interim bail merely for political campaigning would militate against and will be discriminatory to the rule of equality as work/business/profession or activity of every citizen is equally important to him or her,” the affidavit read.
On Wednesday, Justice Sanjiv Khanna, who headed the bench which heard Kejriwal’s petition against his arrest in the case, said that the court will pronounce the interim order (on interim bail) on Friday. The main matter related to the challenge to arrest will also be taken on the same day.
Justice Khanna, who was sitting in a different combination with Justices MM Sundresh and Bela M Trivedi, made the remark after Additional Solicitor General SV Raju, who was appearing for the Centre in a matter related to Goods and Services Tax, sought clarification on the listing of Kejriwal’s plea.
The Aam Aadmi Party (AAP) leader was arrested on 21 March and is currently lodged in Tihar Jail under judicial custody.
On 7 May, the bench, also comprising Justice Dipankar Datta, 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 also 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 extended Kejriwal’s judicial custody in the money laundering case till 20 May .
The Delhi High Court had on 9 April 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.
With inputs from agencies
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