Arvind Kejriwal Can't Be Granted Interim Bail For Campaigning, ED Tells Supreme Court

A day before the Supreme Court hearing in the Arvind Kejriwal case, the Enforcement Directorate filed a fresh affidavit opposing the grant of interim bail to the Delhi Chief Minister in the Delhi liquor policy case.

Opposing the Court's suggestion to grant Kejriwal interim bail in view of the Lok Sabha elections, the ED said 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 also submitted that a politician cannot claim a higher status than an ordinary citizen and was not entitled to differential treatment.

No political leader has been granted interim bail for campaigning even though he is not the contesting candidate, the agency stated. Even a contesting candidate cannot be granted interim bail for his own campaigning. The ED added that grant of interim bail to Kejriwal on the grounds of elections "will create a precedent which would permit all unscrupulous politicians to commit crimes, avoid investigation under the garb of election".

A bench comprising Justices Sanjiv Khanna and Dipankar Datta will hear the matter tomorrow. On the previous date (May 7), the bench hinted at its inclination to grant Kejriwal interim bail subject to the condition that he should not discharge any official functions.

Kejriwal was arrested on March 21 and has been under custody since then.