"Right to campaign not fundamental or legal": ED rejects Kejriwal bail

The Enforcement Directorate (ED), India’s financial investigative body, recently argued against the temporary release of Arvind Kejriwal, leader of the Aam Aadmi Party (AAP) and Chief Minister of Delhi, during the Lok Sabha elections. The ED emphasized to the Supreme Court that election campaigning is not an inherent right protected by the constitution or law, in a context where the ED rejects Kejriwal bail.

The Enforcement Directorate expressed concerns that allowing Kejriwal to leave custody for election purposes could set a dangerous precedent. This could lead to a situation where politicians might evade legal proceedings by using elections as a shield. According to the ED, this practice could undermine the principle of equality before the law and create a divide between politicians and the general public, particularly in the context where the ED rejects Kejriwal bail.

Kejriwal’s Judicial Custody

On March 21, Kejriwal was detained in connection to a money laundering investigation related to the defunct Delhi excise policy. The ED has extended his detention until May 20. The ED has raised concerns that granting interim bail for campaigning during frequent elections could imply that politicians would never face custody, thus disrupting the judicial process.

Upholding Rule of Law in ED Rejects Kejriwal Bail Request

The ED argued that upholding the rule of law and the concept of equality would be detrimental to granting Kejriwal a special exemption for campaign activities. It would allow politicians to commit offenses with the expectation of being temporarily released to participate in elections, thus creating a dual standard within the legal system.

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