The Enforcement Directorate (ED) has firmly opposed the plea for interim bail filed by Delhi Chief Minister Arvind Kejriwal, arguing that the right to campaign for elections does not fall under the ambit of fundamental rights. In an affidavit submitted before the Supreme Court, the agency asserted that no political figure has ever been granted interim bail solely for the purpose of election campaigning.
The affidavit, filed by ED Deputy Director Bhanu Priya, emphasized that interim bail for poll campaigning would essentially render politicians immune to arrest and judicial custody, as elections are held throughout the year.
Around 123 elections have taken place in the past three years, the affidavit stated, and if interim bail is granted for election campaigning, then no politician can be arrested and kept in judicial custody.
The ED further contended that granting special concessions to Kejriwal would undermine the rule of law and the principle of equality before the law. It argued that such a move would create a privileged class of politicians who could evade criminal investigation and prosecution under the guise of election campaigning.
Any unscrupulous politicians would be permitted to commit crimes and avoid investigation under the garb of elections, the affidavit warned.
The agency maintained that Kejriwal, like any other citizen, is subject to the rule of law and cannot claim any special status.
It will create two separate classes in the country, the affidavit stated, ordinary people who are bound by the rule of law and 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 ED's strong opposition to Kejriwal's interim bail plea underscores its commitment to upholding the rule of law and ensuring that all citizens, regardless of their political status, are treated equally under the law.
