Interim Bail To Arvind Kejriwal Will Set Wrong Precedent: ED Tells Supreme Court

New Delhi: The Enforcement Directorate (ED) on Thursday vehemently opposed Arvind Kejriwal’s bail petition.

The central probe agency filed an affidavit in Supreme Court stating that laws are equal for all and campaigning for elections is not a fundamental, constitutional or even a legal right.

With the Supreme Court set to decide on interim bail for Delhi Chief Minister Arvind Kejriwal on Friday to allow him to campaign for the ongoing Lok Sabha elections,

The top court, while hearing Kejriwal’s plea challenging his arrest by ED in a money-laundering case related to the Delhi liquor case, had observed that he is the elected chief minister of Delhi and not a habitual offender.

“There are elections… these are extraordinary circumstances and he is not a habitual offender,” the bench of Justice Sanjeev Khanna and Justice Dipankar Datta had said.

On Wednesday, the Supreme Court said it could pass an order on interim bail on Friday, and urged Additional Solicitor General SV Raju, who is appearing for ED, to be ready with his submissions.

ED, which arrested the AAP supremo on March 21, pointed out in its affidavit that no political leader has ever been granted bail for campaigning and hence, letting Kejriwal out of jail to canvas for his party candidates would set a wrong precedent.

ED stated that while hearing the bail plea of former Delhi deputy CM Manish Sisodia, a co-accused in the liquor policy scam, the court had said the laws apply equally to all citizens and institutions, including the State.

Stating that Kejriwal had sought interim bail primarily for campaigning in the Lok Sabha polls, ED submitted: “It is relevant to note that the right to campaign is neither a fundamental right nor a constitutional right and not even a legal right.”

ED has further argued that 123 elections have taken place in the last five years, and if interim bail is granted for campaigning, no politician can be kept in judicial custody as different elections are held around the year.

“If the petitioner (Arvind Kejriwal) is extended any interim relief on grounds of him being a politician for the purposes of campaigning in the general elections for his party, there is no gain saying that all politicians incarcerated in one case or the other would not seek similar treatment that all politicians are a class of their own,” the affidavit stated.

Granting bail to Kejriwal will set a precedent that would permit “all unscrupulous politicians” to commit crimes and then evade investigation citing campaigning for one election or the other.

All seven parliamentary constituencies in Delhi will vote on May 25, the sixth phase of Lok Sabha elections.