ED Says Electioneering Is Not a Fundamental Right

ED opposes interim bail for Delhi CM Arvind Kejriwal in money-laundering case, arguing election campaigning is not a fundamental right.

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The Aryavarth Express
Agency (New Delhi): The Enforcement Directorate (ED) has opposed granting interim bail to Delhi Chief Minister Arvind Kejriwal in the Supreme Court, in connection with a money-laundering case linked to the alleged excise policy scam. The ED argued that the right to campaign in elections is neither a fundamental nor a constitutional right.

In a newly filed affidavit, the ED emphasized, “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.” The agency added that, to its knowledge, “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.”

On Wednesday, Justice Sanjiv Khanna, leading the bench hearing Kejriwal’s petition against his arrest, stated, “We will pronounce the interim order (on bail) on Friday. The main matter related to the challenge to arrest will also be taken up on the same day.” Kejriwal, the Aam Aadmi Party (AAP) leader, was arrested on March 21 and is currently in Tihar Jail under judicial custody.

The bench, which also includes Justice Dipankar Datta, reserved its verdict on Kejriwal’s interim bail plea on May 7. On Tuesday, a Delhi court extended Kejriwal’s judicial custody until May 20.

The Delhi High Court had previously upheld Kejriwal’s arrest on April 9, stating there was no illegality and that the ED had “little option” after he skipped repeated summonses and refused to join the investigation.

The case involves alleged corruption and money laundering in the formulation and execution of the Delhi government’s now-scrapped excise policy for 2021-22. The outcome of Kejriwal’s bail plea will be closely watched as it unfolds in the Supreme Court.

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