'Electioneering not fundamental right': ED opposes interim bail to Kejriwal

The Enforcement Directorate (ED) on Thursday opposed in the Supreme Court the grant of interim bail to Delhi Chief Minister Arvind Kejriwal in a money-laundering case linked to the alleged excise policy scam, saying the right to campaign in elections is neither fundamental nor constitutional.

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.

"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 said. It 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, who headed the bench that heard Kejriwal's petition against his arrest in the case, said, "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."

The Aam Aadmi Party (AAP) 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 Kejriwal's interim bail plea.

On Tuesday, a Delhi court extended Kejriwal's judicial custody in the case till May 20.

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.