The Enforcement Directorate (ED) on Thursday filed an affidavit in the Supreme Court challenging interim bail of Delhi Chief Minister Arvind Kejriwal on the grounds that the right to campaign for elections was ‘not fundamental’.
Filed by ED Deputy Director Bhanu Priya, the affidavit contended that the right to campaign for an election was not a fundamental, constitutional or legal right.
The national agency said to it’s knowledge, no political leader has been granted interim bail for campaigning, even though he was not the contesting candidate.
Hitting out at the national convenor of the Aam Aadmi Party (AAP) for seeking interim bail, ED said that Kejriwal used the same excuse to avoid the summons earlier, saying there were elections in five states.
The probe agency was also expected to file its first charge sheet against Kejriwal in the liquor policy case.
This will be the first time that Kejriwal will be named as an accused in the case.
ED further said that no politician could be arrested and kept in judicial custody if they were granted interim bail for poll campaigning.
As per the federal agency, around 123 elections have taken place in the past three years and if interim bail was granted for election campaigning, then no politician could have been arrested and kept in judicial custody since elections took place all year round.
It said that any special concession in Kejriwal’s favour granting interim bail for campaigning in the general election would amount to anathema to the rule of law and equality.
ED submitted that all ‘unscrupulous’ politicians would be permitted to commit crimes and avoid investigation under the garb of elections.
It further said that Kejriwal or any other politician could not claim a special status higher than that of an ordinary citizen.
The agency noted that it would create two separate classes in the country viz ordinary people who were bound by the rule of law as well as the laws of the country and politicians who could seek exemption from the laws with the hope of securing interim bail to campaign for elections.
ED further argued that politicians have contested elections while in judicial custody and have won, but were never granted interim bail. It also said that several politicians might be in judicial custody throughout the country in non-PMLA offences too.