‘Right to campaign for election not a fundamental right’: ED opposes Arvind Kejriwal’s bail plea

The Enforcement Directorate (ED), opposing Delhi Chief Minister Arvind Kejriwal’s bail plea in the Delhi excise policy case, has told the Supreme Court that the right to campaign for an election is neither a fundamental right nor a constitutional right, and not even a legal right. It said that so far no political leader has been granted interim bail for campaigning, even though he is not the contesting candidate. 

The affidavit by ED Deputy Director Bhanu Priya has been filed a day before the apex court is set to consider Kejriwal’s request for interim bail. The Supreme Court had, on May 7, decided to continue hearing on Thursday, as the arguments had not concluded. Kejrwial, in his plea, had challenged a Delhi High Court order that denied his appeal against the ED arrest on March 21. 

The ED argued that if interim bail is granted for election campaigning then no politician can ever be arrested and kept in judicial custody since the election cycle continues all year round. “Any special concession in Kejriwal’s favour granting interim bail for campaigning in the general election would amount to anathema to the rule of law and equality,” the ED argued in its affidavit. 

The agency said that this would permit all unscrupulous politicians to commit crimes and then avoid investigation under the garb of elections. Granting him bail would create two classes of citizens in the country – one of ordinary people who are bound by the law, and another of politicians who can seek exemption from laws with hope of securing interim bail to campaign for elections.  

Politicians have contested elections from judicial custody and even won but have never been granted bail, it said. 

The agency argued that a politician cannot claim special status that is higher than that of an ordinary citizen. There cannot be differential treatment to a politician over farmers or businessmen. 

“Kejriwal in order to avoid the summons had used the very same excuse of state elections in five states,” stated ED, adding that every politician would argue the same way to secure bail. 

The court had earlier pointed out that Kejriwal is not a habitual criminal, and called this “extraordinary circumstance”. It pointed out that elections are held only once every 5 years. The court stated that even if it was to accept temporary relief for Kejriwal, he should not be performing official duties as it could have cascading effects somewhere.