Supreme Court likely to pass orders on interim bail to Delhi CM Arvind Kejriwal today

Tribune News Service

Satya Prakash

New Delhi, May 10

The Supreme Court is likely to pass on Friday orders on interim bail to Delhi Chief Minister Arvind Kejriwal in a money-laundering case linked to the Delhi excise policy scam to enable him campaign in the ongoing Lok Sabha polls.

A Bench of Justice Sanjiv Khanna and Justice Dipankar Datta – which had on May 7 hinted at granting interim bail to Kejriwal in view of the Lok Sabha elections – will take up the matter after lunch.

In a fresh affidavit filed in the top court ahead of May 10 crucial hearing, the Enforcement Directorate asserted that the right to campaign in elections is not a fundamental, constitutional or even a legal 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 is said to have raised strong objection to the affidavit filed by the ED opposing his interim bail in the Supreme Court. It has lodged a formal complaint with the court's Registry, terming it a blatant disregard of legal procedures, especially considering that the matter is already slated for a final decision on May 10 and the affidavit was filed without taking the court's approval.

Arrested on March 21, Kejriwal is currently lodged in Tihar Jail in the national capital. He has challenged the Delhi High Court’s April 9 verdict upholding his arrest in the case. On Tuesday, a Delhi Special Court sent him to judicial custody till May 20.

Describing Kejriwal as “the kingpin and key conspirator of the Delhi excise scam”, the ED has told the top court that his conduct in avoiding interrogation despite nine summonses led the investigating officer “to form the satisfaction” that he’s guilty of money laundering.

On April 2, the top court had granted bail to senior AAP leader Sanjay Singh – who was arrested by the ED on October 4, 2023 -- in an excise policy scam-linked money laundering case after the ED said it had no objection to his release on bail. However, it had clarified that the concession given to Singh will not be treated as a precedent.

Two other senior AAP leaders – former Delhi Deputy Chief Minister Manish Sisodia and former Delhi Health Minister Satyendar Jain – continue to be in jail in separate money laundering cases.

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