Arvind Kejriwal Files Complaint In SC After ED Submits Affidavit 'Without Court Permission' Against Interim Bail

The AAP chief Arvind Kejriwal has filed a complaint alleging that ED's affidavit violates legal process as it was filed without the Supreme Court's permission

ED in its fresh affidavit before the Supreme Court has opposed interim bail for Kejriwal saying that the right to campaign in polls is neither fundamental nor constitutional. ( Image Source :PTI Images )

Delhi Chief Minister Arvind Kejriwal's legal team on Thursday registered a complaint with the Supreme Court's registry against the Enforcement Directorate's affidavit opposing his interim bail. ED on Thursday morning filed an affidavit in the top court just a day before the hearing was to resume on Kejriwal's interim bail. Following this affidavit, Kejriwal has filed a complaint in the Supreme Court against 

The AAP chief has filed a complaint alleging that ED's affidavit violates legal process as it was filed without the top court's permission and after the completion of the hearing, just a day before the Supreme Court was to pass verdict on his interim bail. 

Kejriwal's complaint raises strong objection to the affidavit filed by the central probe agency and has called it a blatant disregard of legal procedures for filing it without the apex court's approval.

ED in its fresh affidavit before the Supreme Court has opposed interim bail for Kejriwal saying that the right to campaign in polls is neither fundamental nor constitutional.

The central agency further contended that Kejriwal is not contesting Lok Sabha polls and no political leader has ever been given interim bail for election campaigning.

The Supreme Court on Tuesday adjourned hearing the interim bail plea. On Wednesday, the Justice Sanjiv Khanna while presiding over another case said that Kejriwal's plea will be taken up on Friday and the court is inclined to pass an order on the same day.

The apex court on Tuesday said that in case it grants interim bail to Kejriwal it does not want him to perform any official duty as the Chief Minister. Following this, Arvind Kejriwal told the Supreme Court today that he is willing to furnish an undertaking stating that he will not sign any official files if released on interim bail. 

A bench of Justice Sanjiv Khanna and Dipankar Datta said that Kejriwal performing official functions of a Chief Minister while on interim bail may have cascading effect.

"I will not sign any file but the Delhi LG cannot deny any permission taken by other officers in the government." Senior Advocate Abhishek Manu Singhvi told the court on Arvind Kejriwal's behalf.

This came after Solicitor General Tushar Mehta appearing for Centre told the apex court that a law was brought in for appointment for personnel in administration cadre where the Chief Minister has to sign and only those files were signed by Kejriwal and he never signed any files.

In a previous hearing the bench of Justice Sanjiv Khanna and Dipankar Datta had observed that as the arguments in the case are expected to prolong, the top may consider interim bail due to the upcoming elections on May 25. On Tuesday, the bench started hearing the interim bail plea after ED told the court that it needs more time to conclude arguments on legality of arrest.