ED Argues Against Kejriwal's Interim Bail Plea, Contends Election Campaigning Right Not Fundamental
In a resolute stance, the Enforcement Directorate (ED) vehemently opposed the interim bail plea filed by Delhi Chief Minister Arvind Kejriwal in the Delhi liquor policy case, asserting that the right to campaign for elections does not hold constitutional or legal significance.
Affidavit Filed by ED
ED's Deputy Director, Bhanu Priya, submitted an affidavit before the Supreme Court on the eve of the scheduled hearing for Kejriwal's plea. The affidavit unequivocally stated that the right to campaign for elections is not a fundamental, constitutional, or legal right.
Moreover, the ED emphasized that no political leader has ever been granted interim bail solely for the purpose of campaigning, even if they were not the contesting candidate.
Criticism of Kejriwal's Plea
The ED's affidavit sharply criticized Kejriwal for using the excuse of election campaigns to evade summons. It pointed out that Kejriwal had employed the same tactic earlier, citing elections in five states as a reason for not appearing before investigators.
First Chargesheet Against Kejriwal Expected
The probe agency also revealed its intent to file its first chargesheet against Kejriwal in the liquor policy case. This development marks the first time Kejriwal will be named as an accused in the case.
Argument Against Interim Bail for Election Campaigning
The ED contended that granting interim bail to politicians for election campaigning would create an untenable situation. It asserted that approximately 123 elections have been held in the past three years, and if interim bail were granted on grounds of election campaigns, no politician could be arrested or held in judicial custody, as elections occur throughout the year.
Anathema to Rule of Law
The ED further argued that granting interim bail to Kejriwal for election campaigning would violate the rule of law and principles of equality. It maintained that such a concession would create a divide between ordinary citizens, who are bound by the law, and politicians, who could seek exemption under the guise of election campaigns.
Politicians Contest Elections from Judicial Custody
To bolster its argument, the ED cited instances where politicians have contested and won elections while in judicial custody, demonstrating that interim bail is not necessary for election participation.
Arrest of Kejriwal and Allegations
The ED arrested Kejriwal from his official residence in Delhi on March 21 in connection with the Delhi liquor policy case. The central probe agency alleges that Kejriwal was the mastermind behind the scam and directly involved in demanding kickbacks from liquor barons.
