"No Fundamental Right To Campaign": ED Opposes Interim Bail For Arvind Kejriwal

 

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 Enforcement Directorate has filed an affidavit opposing his petition and said that laws are equal for all and that campaigning is not a fundamental, constitutional or even a legal right.

The probe agency, which arrested the AAP chief in the liquor policy case on March 21, has also pointed out that no political leader has ever been granted bail for campaigning and said that letting Mr Kejriwal out of jail to canvas for his party candidates would set a wrong precedent. In its affidavit filed in the Supreme Court on Thursday, the Enforcement Directorate (ED) pointed out that, while hearing the bail plea of former Delhi deputy chief minister Manish Sisodia - a co-accused in the case - the court had said that the laws apply equally to all citizens and institutions, including the State.

Stating that Mr Kejriwal had sought interim bail primarily for campaigning in the Lok Sabha elections, the agency 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."

The agency has argued that 123 elections have taken place in the past five years and if interim bail is granted for campaigning, then no politician can be kept in judicial custody since polls take place around the year.

Repeating an argument it had made during the last hearing, the ED said that campaigning is part of a politician's job and, following the rule of equality, small farmers or small traders can also seek interim bail to carry out the demands of their work. He also added that Mr. Kejriwal is yet to contest the regular elections.

Mr. Kejriwal, Delhi's chief minister-elect, has not committed a recidivism, the Supreme Court said during the hearing on Tuesday. A bench comprising justices Sanjiv Khanna and Dipankar Datta said: "There is a choice... this is a special case and he is not a criminal."