'Election Campaign Not A Fundamental Right, Would Set A Wrong Precedent': ED Opposes Kejriwal's Bail Plea

The ED has said that politicians cannot claim any special status higher than that of an ordinary citizen and are liable to be arrested and detained for committing offences as any other citizen.

The Enforcement Directorate on Thursday filed an affidavit in the Supreme Court opposing the interim bail to Delhi Chief Minister Arvind Kejriwal, who is currently in Tihar Jail in a money laundering case linked to the alleged excise policy scam.

The ED has said that politicians cannot claim any special status higher than that of an ordinary citizen and are liable to be arrested and detained for committing offences as any other citizen.

The probe agency also said that election campaigning is not a fundamental right. It also said that there is an attempt to release Kejriwal on the pretext of Lok Sabha Elections and added that it could lead to a wrong precendent for the future.

In a fresh affidavit filed in the top court, the ED said no political leader has ever been granted interim bail for campaigning even if he is not contesting polls. Even a contesting candidate is not granted interim bail if he is in custody for his own campaigning, it said.

The Supreme Court will deliver its order on granting interim bail to Kejriwal on May 10.

The ED is expected to soon file a fresh charge sheet in the Delhi excise policy-linked money laundering case and it may name Arvind Kejriwal, BRS leader K Kavitha and others as accused, official sources said on Thursday. Official sources said a prosecution complaint against half-a-dozen entities, including the two politicians, some linked individuals and companies, has been readied and the agency may file it before a special PMLA court here within the next 4-5 days, according to PTI.

The Aam Aadmi Party leader was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody. On May 7, the bench, also comprising Justice Dipankar Datta, had reserved its verdict on interim bail to Kejriwal.

The Delhi High Court had, on April 9, upheld the AAP leader's arrest, saying there was no illegality and the ED was left with little option after he skipped repeated summonses and refused to join the investigation.The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22.