The Enforcement Directorate (ED) opposed the interim bail granted to Delhi Chief Minister Arvind Kejriwal in a money-laundering case tied to an alleged excise policy scam, stating in a fresh affidavit to the Supreme Court that the right to campaign in elections holds no constitutional, fundamental, or legal standing. The ED emphasized that no political leader has been granted interim bail for campaigning, regardless of their status as a contesting candidate or otherwise.
NEW DELHI: Today (9th May): The Enforcement Directorate (ED) filed an affidavit opposing the interim bail plea of Arvind Kejriwal, the Chief Minister of Delhi. The plea, aimed at allowing Kejriwal to campaign for the ongoing Lok Sabha elections, is set to be decided by the Supreme Court on Friday. The ED argues that campaigning is not a fundamental right and emphasizes equality under the law.
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The Enforcement Directorate (ED) has opposed the interim bail granted to Delhi Chief Minister Arvind Kejriwal in a money-laundering case tied to an alleged excise policy scam, stating in a fresh affidavit to the Supreme Court that
“The right to campaign for an election is not considered a fundamental, constitutional, or legal entitlement,” the agency emphasized. “To our knowledge, no political leader has ever been granted interim bail for campaigning, regardless of whether they are contesting in the elections or not. Even contesting candidates are not granted interim bail if they are in custody for their campaign activities.”
Kejriwal, who was arrested on March 21 in the liquor policy case, seeks relief to participate in election activities. The ED points out that no political leader has been granted such bail for campaigning, and doing so would establish an unfavorable precedent.
The bench, comprising Justice Sanjiv Khanna and Justice Dipankar Datta, stated
“In Tuesday’s hearing, the Supreme Court emphasized that Mr. Kejriwal, as the elected Chief Minister of Delhi, is not a habitual offender, especially considering the extraordinary circumstances surrounding elections.”
The Supreme Court questioned the Enforcement Directorate’s (ED) “delay” in investigating a money laundering case connected to Delhi Chief Minister Arvind Kejriwal. The court has requested the ED produce case files before Kejriwal’s arrest and also those pertaining to Delhi’s former deputy chief minister, Manish Sisodia, who is also implicated in the case. Kejriwal has filed a plea challenging his arrest by the ED, and the court is currently hearing arguments on the matter.
Furthermore, Delhi court extended the judicial custody of Chief Minister Arvind Kejriwal until May 20. The extension was granted by the Special Judge for CBI and ED, Kaveri Baweja, after Kejriwal appeared before the court via video conference following the expiration of his earlier custody.
Background:
On March 21, Arvind Kejriwal was arrested by the Enforcement Directorate in relation to the excise policy case. The case involves alleged irregularities and money laundering in the framing and implementation of the Delhi Excise Policy 2022, which was subsequently scrapped. The ED has claimed that the Aam Aadmi Party (AAP) is the primary beneficiary of the proceeds of crime generated in the alleged liquor scam. It has also alleged Kejriwal’s direct involvement in the formulation of the excise policy.
According to the material collected by the Enforcement Directorate, Arvind Kejriwal is accused of conspiring and actively participating in the use and concealment of proceeds of crime. The ED’s case reveals Kejriwal’s involvement both in his personal capacity and as the convenor of the Aam Aadmi Party.
On April 15, the Supreme Court issued a notice to the ED in response to Kejriwal’s plea against his arrest. The Delhi High Court had previously upheld his arrest on April 9, stating that the ED had few alternatives after Kejriwal repeatedly evaded summonses and refused to cooperate with the investigation. The case revolves around allegations of corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for the year 2021–22, which has now been repealed.
The court dismissed Kejriwal’s challenge to the timing of his arrest, asserting that it should be examined based on the law and not about the electoral context. The absence of any mala fide intentions on the part of the ED rendered Kejriwal’s objection unsustainable.
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