Arvind Kejriwal’s legal team complains against ED’s affidavit to SC registry

PTI, May 10, 2024, 8:27 AM IST

Arvind Kejriwal (Credit: PTI / File)

New Delhi: The legal team of Delhi Chief Minister and AAP National Convenor Arvind Kejriwal on Thursday raised objection to the affidavit filed by the Enforcement Directorate (ED) opposing his interim bail in the Supreme Court.

The team issued a press release revealing that a formal complaint in this regard has been lodged with the Supreme Court’s registry.

Denouncing the ED’s affidavit as a blatant disregard of legal procedures, the release said the affidavit was submitted without taking the SC’s approval and issued at a time when the matter is already slated for a final decision in the top court tomorrow.

The right to campaign in an election is neither a fundamental nor a constitutional right, the Enforcement Directorate submitted to the apex court on Thursday, a day ahead of the scheduled pronouncement of the court’s order on grant of interim bail to Kejriwal in an alleged money laundering case.

In a fresh affidavit filed in the top court to thwart the release of the embattled Aam Aadmi Party national convenor, the central probe agency said there were numerous examples where politicians contested elections while in judicial custody, and some even won, but were never granted interim bail for campaigning.

“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.”

“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 ED said.

The Delhi High Court had last month upheld the AAP leader’s arrest, saying there was no illegality and the ED was left with ‘little option’ after his skipping several summonses and refusing 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.