During the hearing of the money laundering case in the Supreme Court, there was an indication of interim bail being granted to the jailed Chief Minister Arvind Kejriwal for election campaigning, but perhaps the affidavit presented by the ED before the decision on Friday would indicate this. Can make decisions difficult.
Arguments given in ED affidavit
ED has said that to date no politician has been granted interim bail for the election campaign, even if the person in jail has himself been a candidate, whereas Kejriwal is not even a candidate. There are many examples of criminals contesting elections from jail and winning, but they never got bail on this basis. Anyway, election campaigning is neither a constitutional right nor a fundamental right.
Kejriwal's legal team has filed a complaint in the Supreme Court Registry against the ED affidavit, saying it is in disregard of legal procedures and has been presented without the court's approval. ED has said in the affidavit filed that this will encourage every criminal who violates the law to become a politician and remain in campaign mode throughout the year.
A politician cannot claim to be above the common man and claim special status. The Supreme Court can give an order on Kejriwal's interim bail on Friday. During the hearing on the petition challenging Kejriwal's arrest, the Supreme Court said that the hearing of the case is not expected to be completed soon. In such a situation, the court can consider granting interim bail to Kejriwal given the Lok Sabha elections.
However, the court had put a condition before Kejriwal that if he is granted bail for the election campaign, he will not work as Chief Minister nor sign any file. The ED has opposed the grant of interim bail to Kejriwal for the election campaign, saying that the right to vote, which the court has considered a statutory and constitutional right, also does not exist during detention.
Section 62(5) of the Representation of the People Act talks about curtailing the voting rights of a person in jail. It is worth noting that about 123 elections have been held in the last five years and if interim bail is given for election campaigning, then no politician can be arrested and kept in jail because elections are a year-long activity.
ED says that in the federal system, no election can be called more important than the other. Every politician at every level can argue that if bail is not granted, he will suffer irreparable loss.
ED has said that at present many leaders are in jail only under PMLA law. After investigating their cases, the competent authority has justified their detention. Many leaders will be in jail for crimes other than PMLA. In such a situation, there is no reason to give special treatment to Arvind Kejriwal and accept his special demands.
The investigating agency has also raised the issue of not giving him full time for debate. It is said that the court decided to consider interim bail after hearing three days long arguments from Kejriwal's side, whereas the ED had just started the arguments.
The court should give a final decision after fully hearing both the parties in the case. There is no medical emergency here that requires consideration of interim bail even before the completion of the trial. ED has said that Kejriwal had given elections in five states as the reason for not appearing before the investigating agency on the summons issued earlier.
The ED has also attached with the affidavit all the copies of the replies sent by Kejriwal to the ED in response to the summons. If the court grants interim bail to Kejriwal, then his case of ignoring the summons for campaigning based on being a star campaigner of AAP will get judicial approval. One of the leaders who wants to campaign with interim bail for campaigning Will become a separate class.
Let us tell you that Kejriwal was arrested by ED on March 21 in the excise policy scam. He is currently lodged in Tihar Jail, Delhi.
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