New Delhi: The Enforcement Directorate (ED) on Thursday, in an affidavit filed in the Supreme Court, opposed interim bail for Delhi Chief Minister Arvind Kejriwal, jailed in the Delhi liquor policy case.
The ED stressed that the right to campaign for elections was "not fundamental" and 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 top court had on Wednesday hinted that it may pronounce its order on Kejriwal’s interim bail plea. The affidavit, filed by ED's Deputy Director Bhanu Priya, said it is relevant to note that the right to campaign for an election is neither fundamental right nor a constitutional right and not even a legal right.
"To the knowledge of the deponent 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”, said the affidavit.
Urging the apex court to reject Kejriwal's plea for interim bail, the ED said even the right to vote while in judicial custody which is considered by this court as a statutory/ constitutional right, is curtailed by statute by virtue of Section 62(5) of the Representation of People, Act.
The ED said that 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 central agency stressed that granting interim bail to the AAP leader would be contrary to settled principles of law and also violate the rule of law which is a basic feature of the Constitution.
"Such an approach would incentivise every criminal to become a politician and be in campaign mode throughout the year while committing rampant offences and violations of law in the country," the ED said.
The ED emphasised that any special concession in favour of Kejriwal by granting him interim bail for campaigning in the general election would amount to anathema to the rule of law and equality and create a precedent which would permit all unscrupulous politicians to commit crimes and avoid investigation under the garb of one election or the other.
"There is absolutely no principle which justifies giving a differential treatment to a politician for campaigning over a farmer or a businessman who wishes to pursue his vocation," said the ED.
The ED said if the right to campaign is treated as a basis for grant of interim bail it would breach the principles of Article 14.
"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”, it added.
The ED also said that around 123 elections have taken place in the past three years and if interim bail is to be granted for election campaigning, then no politician can be arrested and kept in judicial custody since elections happen all year round.
