The Election Commission does not support the temporary release of Delhi CM Arvind Kejriwal, arguing that it is not a fundamental right.

"ED opposes interim bail for Kejriwal in money-laundering case, states campaign rights not fundamental or constitutional."

May 9th 2024.

The Election Commission does not support the temporary release of Delhi CM Arvind Kejriwal, arguing that it is not a fundamental right.
The Enforcement Directorate (ED) has recently filed an affidavit opposing the interim bail granted to Delhi Chief Minister Arvind Kejriwal by the Supreme Court, citing his involvement in a money-laundering case connected to the alleged excise policy scam. According to the ED, the right to campaign in elections is not a fundamental or constitutional right, and has never been granted to any political leader, even if they are not contesting in the polls.

In their fresh affidavit submitted to the court, the agency emphasized that the right to campaign is not a legal right either. They stated that, to their knowledge, no political leader has ever been granted interim bail for campaigning, even if they are not the official candidate. The agency further clarified that even if the candidate is in custody for their own campaigning, they are not granted interim bail.

The court, headed by Justice Sanjiv Khanna, has reserved its verdict on Kejriwal's interim bail plea and is expected to announce it on Friday. The main matter related to the challenge against his arrest will also be taken up on the same day. Kejriwal, who was arrested on March 21, is currently in judicial custody at Tihar Jail.

The bench, which also includes Justice Dipankar Datta, had previously extended Kejriwal's judicial custody till May 20th. The Delhi High Court had earlier upheld his arrest, stating that the ED had no other option after Kejriwal repeatedly ignored their summonses and refused to join the investigation.

The case revolves around allegations of corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22. The Aam Aadmi Party leader has been in the spotlight since his arrest, and the case has been closely followed by the media and the public.

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