'Campaigning not fundamental right': ED opposes bail for Delhi CM Arvind Kejriwal

NEW DELHI: A day before Supreme Court's verdict on whether interim bail is to be given to Delhi chief minister Arvind Kejriwal, Enforcement Directorate told the apex court that if he is granted relief for campaigning, all politicians arrested under any charge across the country would seek parity.
An ED officer told TOI if Kejriwal, who is not contesting elections, is to be given interim bail to campaign for AAP, then it would also enable pro-Khalistan 'Waris Punjab De' leader Amritpal Singh, lodged in Dibrugarh jail and contesting from Khadoor Sahib in Punjab, to seek interim bail to campaign for himself.
In its affidavit, ED said SC, while rejecting bail to another excise case accused, former Delhi deputy CM Manish Sisodia, had said, "Rule of law means that laws apply equally to all citizens, including the state. Rule of law also mandates objective and fair treatment to all."
ED said campaigning for a party was neither a fundamental nor a constitutional right and not even a legal right. A person in custody has no right to even cast his/her vote, it said, adding that the agency did not know of any instance of a political leader being granted interim bail for campaigning even though not contesting elections.
CM avoided summonses on ground of elections through Nov to Jan: ED
ED's move drew protests from Kejriwal's legal team which said the affidavit was submitted after the completion of hearings and just a day before the SC bench of Justices Sanjiv Khanna and Dipankar Datta is to give its verdict.
"Even a contesting candidate is not granted interim bail for campaigning for himself if he is in custody," ED said. The central agency, which arrested Kejriwal in the excise policy case on March 21, added, "If interim bail is granted for election campaigning, then no politician can ever be kept in custody since elections are a year-round phenomenon in India." ED said Kejriwal had avoided appearing before it pursuant to summons on grounds of elections in Mizoram, MP, Chhattisgarh, Rajasthan and Telangana in Nov last year; Rajya Sabha elections in Delhi in Jan; and visit to Goa in Jan to prepare for LS elections. "A politician can claim no special status higher to citizens and is as much liable for arrest and detention for committing an offence," it said.
"Under the Prevention of Money Laundering Act (PMLA) alone, there are many politicians who are in judicial custody and, after being examined by competent courts, their custody was upheld. There must be several political leaders in judicial custody throughout the country for non-PMLA offences. There is no reason why the SC should accept Kejriwal's plea for special treatment," ED said and requested the court to take a final decision on Kejriwal's petition challenging the validity of his arrest.
The agency said if the SC granted interim bail to Kejriwal, it would be giving judicial approval to the arrested leader's actions - avoiding repeated summons citing that he was a star campaigner for AAP in elections and carve out a special category for himself to seek release to campaign for the party. It said the SC had asked co-accused K Kavitha and Sisodia to move the trial court for bail and there was no reason why Kejriwal should be given differential treatment judicially.