No Fundamental Right To Campaign”: Why the Probe Agency Opposes Bail For Arvind Kejriwal
Credit: Amar Ujala
1. “Decoding the ED’s Stand: Why Arvind Kejriwal’s Campaign Bail Bid Faces Opposition”
2. “Arvind Kejriwal’s Bail Battle: Unpacking the ED’s No-Campaign-Right Argument”
3. “Campaigning Rights on Trial: Understanding Why ED Opposes Kejriwal’s Bail”
4. “Legal Hurdles: Why Kejriwal’s Campaign Bail Plea Clashes With ED’s Stance”
5. “The ED’s Case Against Campaign Bail: What It Means for Kejriwal’s Legal Battle”
09.05.2024: Delhi Chief Minister Arvind Kejriwal’s bid for interim bail to campaign during the ongoing Lok Sabha elections faces opposition from the Enforcement Directorate (ED). The Supreme Court is set to rule on his petition on Friday, with the ED arguing that campaign privileges aren’t fundamental, constitutional, or legally guaranteed.
The ED, which arrested Kejriwal in a liquor policy case in March, asserts that no political figure has historically received bail solely for campaigning. Granting such relief, they argue, would set an adverse precedent. However, during Tuesday’s hearing, the Supreme Court acknowledged Kejriwal’s elected status and lack of habitual offense. Justices Sanjiv Khanna and Dipankar Datta emphasized the extraordinary election circumstances.
In their affidavit to the Supreme Court, the ED emphasized equality under the law, citing the denial of similar bail requests in the past. They reiterated that campaigning isn’t a legal entitlement, highlighting that over 123 elections occurred in recent years without such bail privileges.
The agency emphasized the broader implications of granting bail for campaigning, suggesting it would open floodgates for other incarcerated politicians seeking similar exemptions. They caution against creating a precedent where criminal acts can be excused under the guise of campaign duties.
The Supreme Court, however, isn’t basing its decision on Kejriwal’s political status but rather on whether exceptional circumstances warrant interim bail. The court also questioned the ED’s delayed action, questioning why it took two years to act against Kejriwal.
As Delhi gears up for the Lok Sabha elections’ sixth phase on May 25, the legal battle over Kejriwal’s bail reflects broader debates on the intersection of politics, law, and individual rights.