In affidavit to SC, ED opposes interim bail to Kejriwal
What's the story
The Enforcement Directorate (ED) has contested Delhi Chief Minister Arvind Kejriwal's interim bail plea, stating that "campaigning is not a fundamental, constitutional, or legal right."
In an affidavit filed before the Supreme Court on Thursday, the agency argued that no political leader has ever been granted bail for campaigning and letting Kejriwal out of jail to canvas for his party candidates will set a wrong precedent.
The apex court is set to decide on Kejriwal's interim bail request this Friday.
Context
Why does this story matter?
On March 21, the ED arrested Kejriwal—the face of the Aam Aadmi Party—in a money laundering probe linked to the now-scrapped Delhi excise policy.
The case revolves around alleged irregularities and money laundering in the creation and execution of the policy.
The agency has alleged that the AAP is a significant beneficiary of the illicit funds generated from the "scam."
It has also alleged that the money was funneled into the party's poll campaign for Goa and Punjab.
Legal equality
Laws apply equally to all citizens: ED
In the affidavit, the ED also said while hearing the bail plea of former Delhi deputy CM Manish Sisodia—co-accused in the case—the court said that the laws apply equally to all citizens and institutions, including the state.
The agency said that Kejriwal has sought bail to campaign for the Lok Sabha elections.
"It is relevant to note that the right to campaign is neither a fundamental right nor a constitutional right and not even a legal right," it added.
Rule of law
Affidavit filed by ED deputy director
The agency argued that with 123 elections held in the past five years, granting interim bail for campaigning could suggest that no politician can be held in judicial custody as elections occur throughout the year.
The ED also highlighted that Kejriwal is not even participating in the current elections.
The affidavit was filed by Bhanu Priya, deputy director of the ED.
Excise policy case
ED to file first chargesheet against Kejriwal
This comes just hours after reports surfaced that the agency might file its first chargsheet against Kejriwal in the excise policy case on Friday.
This will be the first time Kejriwal will be named as an accused in the money laundering case linked to the now-scrapped excise policy.
The ED is expected to label Kejriwal as a "kingpin" and principal conspirator in the case.
Bail conditions
Can't perform official duties: SC
Separately, the Supreme Court heard Kejriwal's bail plea on Tuesday and reserved the order.
The bench said if it decides to release the AAP chief, "we are very clear that we don't want you to be performing official duties since it may have a cascading effect."
"We do not want interference at all in...[government work]. It's your wish that you want to continue as chief minister. Today, it is not a question of legality but propriety," the bench added.
Assurance
Kejriwal's legal representative responds to court's concerns
Moreover, the bench said, "We are considering the interim bail just because of elections."
The top court also told the ED that it would hear the bail arguments as Kejriwal is "the sitting...[CM]...needs to campaign for the Lok Sabha elections."
Kejriwal's counsel Abhishek Manu Singhvi submitted that Kejriwal won't sign any official files if released on interim bail provided the Delhi lieutenant governor does not reject decisions just because the files were not signed by him.