Will Kejriwal walk out of Tihar jail and campaign? SC to decide today

ED opposed to move, says canvassing not a fundamental right

The Supreme Court is on Friay (May 10, 2024) expected to issue orders regarding interim bail for Delhi Chief Minister Arvind Kejriwal in connection with a money laundering case related to the Delhi excise policy scam.

If he is bailed out, he is likely to be allowed to participate in campaigning for the ongoing Lok Sabha polls. A bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta, having hinted at granting interim bail on May 7 due to the election season, will address the matter on Friday.

In a recent affidavit submitted to the court before the crucial May 10 hearing, the Enforcement Directorate had emphasised that the right to campaign in elections is not inherently protected as a fundamental, constitutional, or legal right.

ED says campaigning not fundamental right
“It is relevant to note that the right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right… no political leader has been granted interim bail for campaigning even though he is not the contesting candidate. Even a contesting candidate is not granted interim bail if he is in custody for his own campaigning,” the ED submitted.

“A politician can claim no special status higher than that of an ordinary citizen and is as much liable to be arrested and detained for committing offences as any other citizen,” the probe agency said in the affidavit.

“There are numerous examples where politicians contested elections in judicial custody and some have even won but were never granted interim bail on this ground,” the probe agency contended.

“If the right to campaign is treated as a basis for grant of interim bail it would breach the principles of Article 14 for the reason that harvesting for a farmer would be an equally important factor seeking interim bail as would a board meeting or an annual general meeting for a director of a company who commits a crime as these are their respective vocations or professions,” it said.

Kejriwal’s legal team files objection
Kejriwal’s legal team has reportedly objected strongly to the affidavit submitted by the Enforcement Directorate (ED) opposing his interim bail in the Supreme Court. They have formally complained to the court’s Registry, alleging a flagrant disregard for legal procedures, particularly since the matter is already scheduled for a final decision on May 10 and the affidavit was filed without prior approval from the court.

Kejriwal, who was arrested on March 21, is currently incarcerated in Tihar Jail in the national capital. He has contested the Delhi High Court’s April 9 ruling that upheld his arrest in the case. On Tuesday, a Delhi Special Court remanded him to judicial custody until May 20.

Skipped 9 summons in laundering case
The Enforcement Directorate (ED) has labeled Kejriwal as “the mastermind and principal conspirator” behind the Delhi excise scam. The ED informed the Supreme Court that Kejriwal’s evasion of interrogation despite receiving nine summonses led the investigating officer to conclude that he is involved in money laundering.

On April 2, the Supreme Court granted bail to senior AAP leader Sanjay Singh, who was arrested by the ED on October 4, 2023, in a case related to money laundering linked to the excise policy scam. The ED had no objections to Singh’s release on bail. However, the court clarified that Singh’s bail should not set a precedent for similar cases.