Campaigning Is Not Fundamental Right: ED Opposes Bail For Delhi CM Arvind Kejriwal

A day after the Supreme Court hinted that the Delhi Chief Minister Arvind Kejriwal may get an interim relief in a money laundering case, the Enforcement Directorate (ED) on Thursday filed an affidavit in the apex court opposing interim bail.

In the affidavit, the investigating agency said: "Right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right. In ED's knowledge no political leader has been granted interim bail for campaigning even though he is not the contesting candidate."

This would establish a precedent that could allow politicians to commit crimes and evade investigation under the pretext of election activities, the ED told the court.

"It will create a precedent which would permit all unscrupulous politicians to commit crimes, avoid investigation under the garb of election. Politicians have contested elections in judicial custody and some have even won but were never granted interim bail on this ground," the affidavit added.

"Around 123 elections have taken place in the past three years and if interim bail is to be granted for election campaigning, then no politician can be arrested and kept in judicial custody since elections are all year round," the ED further stated.

The Enforcement Directorate (ED) further stated that over the past three years, approximately 123 elections have occurred. If interim bail were to be granted solely for election campaigning, then according to them, no politician could be arrested and detained in judicial custody, as elections are conducted throughout the year.

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

The Aam Aadmi Party (AAP) leader was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.

On Wednesday, the Supreme Court said that it may pass an interim order on bail plea. "As far as interim order etc. is concerned, we may pass that order on Friday," Live Law quoted Justice Khanna as telling ASG SV Raju, who appeared for the Enforcement Directorate.

It came a day after Kejriwal failed to get any relief from the apex court, with a two-judge bench rising without pronouncing an order granting him interim bail to enable him to campaign in the Lok Sabha elections.

The bench of Justices Sanjiv Khanna and Dipankar Datta said it doesn't want Arvind Kejriwal to discharge his official duties if he is released on interim bail as it would lead to a conflict of interest.