Arvind Kejriwal News Highlights: Delhi CM welcomed by parents at home

The right to campaign in an election is neither a fundamental nor a constitutional right, the Enforcement Directorate told the Supreme Court on Thursday, a day ahead of the scheduled pronouncement of the court's order on grant of interim bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case.

In a fresh affidavit filed in the top court to thwart the release of the embattled Aam Aadmi Party (AAP) 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 bench, comprising Justices Sanjiv Khanna and Dipankar Datta, questioned the Enforcement Directorate over Kejriwal's attorney's argument that the latter wasn't the prime focus of the probe and the question of kickbacks came to fore later.

Justice Khanna also observed that it was not good for any investigating agency that it took two years to probe a case.

"The only issue that arises is that why the investigation took so long and why the questions were not asked," the court asked.

The Enforcement Directorate's lawyer later replied that the investigating officers work as per their own speed.

In response, Kejriwal’s legal team wrote to the Supreme Court registry on Thursday evening, raising strong objections to the ED’s affidavit. The letter urged the registrar not to accept ED’s affidavit and take it on record because the top court has already reserved its order on the issue of interim bail and that the agency did not have the court’s permission to file any additional document.

The Aam Aadmi Party (AAP) said it has “raised strong objection to ED’s affidavit”.

“A formal complaint has been lodged his with the Supreme Court’s registry denouncing ED’s affidavit as a blatant disregard of legal procedures, especially considering that the matter is already slated for a final decision in the SC tomorrow and the affidavit was submitted without taking the SC’s approval,” the party said in a statement.

The Enforcement Directorate on Tuesday told the Supreme Court that Delhi chief minister Arvind Kejriwal stayed in a seven-star hotel in Goa during the state's assembly elections in 2022, on the expense of Chanpreet Singh, who allegedly accepted and managed illegal funds for AAP’s campaign, reported ANI. Read more

Arguing against interim bail for Delhi chief minister Arvind Kejriwal in the excise policy case, the Enforcement Directorate (ED) on Thursday filed an affidavit in the Supreme Court vehemently opposing any “special treatment” for political figures due to the ongoing general elections.

“It is pertinent to note that around 123 elections have taken place in the last five years and if interim bail is to be granted for the purpose of campaigning in an election, then no politician can be arrested and kept in judicial custody since elections are round the year phenomenon,” said the agency in its affidavit filed a day before the court is likely to announce its decision on Kejriwal’s interim bail.

Solicitor General Tushar Mehta, also representing ED, told the bench at an earlier hearing that there can't be any deviation only because Kejriwal is Chief Minister and asked if the Supreme Court is carving out exceptions for politicians?

"How can a Chief Minister be treated differently from an aam aadmi? There can't be any deviation only because he is a chief minister. Would campaigning for elections be more important?" he had told the bench.

To this, the bench said that elections are held once every five years.

While ED urged the court not to release Kejriwal on bail by treating politicians as a class different from ordinary citizens, the court acknowledged Kejriwal’s unique position as both the CM of Delhi and the convener of the Aam Aadmi Party (AAP) during the ongoing polls, describing it as an “extraordinary situation” warranting consideration.

Justice Sanjiv Khanna, who leads the bench that had earlier this week reserved its verdict on the temporary bail issue, mentioned on Wednesday that the court is expected to deliver its ruling on Friday. During previous hearings, the top court signalled a potential interim bail for Kejriwal considering the ongoing general elections but expressed reservations about allowing him to perform his official duties as the CM during the bail period, citing possible conflicts.

"Suppose we grant you interim bail on account of elections. Then if you say you will attend office, it may have a cascading effect. If we give you interim bail, we don't want you to perform official duties as somewhere it will lead to a conflict of interest. We don't want your interference at all in the working of the government," the bench told Kejriwal's counsel Abhishek Singhvi.

Arguing against interim bail for Delhi chief minister Arvind Kejriwal in the excise policy case, the Enforcement Directorate (ED) on Thursday filed an affidavit in the Supreme Court vehemently opposing any “special treatment” for political figures due to the ongoing general elections, while adding that bail for the purpose of poll campaigning would set a dangerous precedent, undermining the rule of law and equality before the law. Read more

Kejriwal has been in judicial custody in Tihar Jail since his arrest on March 21. The matter pertains to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped liquor excise policy for 2021-22.

The Supreme Court on Wednesday said it may pass an order on Delhi chief minister Arvind Kejriwal's bail plea on May 10, Friday. Justice Sanjiv Khanna told this to ASG SV Raju during a hearing, news agency PTI reported. The Supreme Court heard Kejriwal's bail plea on Tuesday and reserved the order. During the hearing, the top court said it did not want Kejriwal to discharge his official duties if he was released on interim bail in view of the election. Read more