Today, the Supreme Court will announce its decision on the interim bail of Delhi's Chief Minister Arvind Kejriwal, who was arrested in connection with a money laundering case linked to the excise policy. The bench of Justices Sanjeev Khanna and Justice Deepankar Datta is hearing the petition. Previously on Thursday, the Enforcement Directorate submitted an affidavit in the Supreme Court opposing Kejriwal's bail. The ED argues that campaign rights are neither a fundamental, constitutional, nor legal right. According to the ED, granting bail to Kejriwal could give corrupt politicians a loophole to evade during elections.
Discover the arguments put forth by the ED before the Supreme Court.
Kejriwal's troubles may increase as the Enforcement Directorate is also set to file a chargesheet in the excise scam in the trial court (Rouse Avenue) today. The ED will accuse the Aam Aadmi Party along with Kejriwal in its chargesheet – marking the first time a national party is implicated in a corruption case filed by an agency. Sources indicate that post the Supreme Court's hearing, the ED will file the chargesheet in the trial court. If the hearing extends throughout the day, the chargesheet will be filed on Saturday instead.
On Thursday, the ED told the Supreme Court that granting bail to Kejriwal could set a dangerous precedent, as current regulations do not allow election candidates in judicial custody to be released on bail.
What did the ED say to the Supreme Court?
1.
The ED has filed an affidavit in the Supreme Court related to the excise policy and the associated money laundering scam. In the affidavit regarding Kejriwal's interim bail, the ED stated that the right to campaign for elections is not a fundamental, constitutional, or legal right.
2.
No politician has been granted interim bail for election campaigning, whether they are a candidate or not. Such an order would set a precedent for the future.
Read more: 'Campaigning is not a fundamental right...', ED opposes CM Kejriwal's bail plea
3.
Granting interim bail to Kejriwal for election campaigning would start a wrong tradition, allowing all dishonest politicians and corruption suspects to commit crimes under the guise of elections and avoid scrutiny.
4.
Politicians have contested elections from judicial custody and some even succeeded, but they have never been granted interim bail on such grounds.
5.
In its 44-page affidavit, the ED has provided a chart detailing elections over the past five years, showing that no candidate in jail for campaigning has ever been granted interim bail.
6.
Nearly 123 elections have taken place over the past three years. Every election, whether municipal or council, is significant. If a person imprisoned continues to seek bail for campaigning in every election, they will evade investigation.
7.
Criminals will request bail in the name of campaigning and file applications in every election. If interim bail is granted for election campaigning, then no politician can be arrested nor held in judicial custody, since elections happen throughout the year.
Read more: New troubles for Kejriwal, ED to file chargesheet, to name him kingpin of liquor scam
8.
Such an order would create two separate classes within the country: ordinary citizens who abide by the law, and politicians who hope to be exempt from laws in the guise of campaigning.
9.
A politician cannot claim any special status over an ordinary citizen. There is no rule that justifies treating a politician campaigning for elections differently from a farmer and a trader, whose business is equally important as the campaigning.
10.
Kejriwal has previously used assembly elections in five states as a pretext to avoid summons. Every politician will argue that failure to release them on interim bail will lead to an irreplaceable loss.
Kejriwal's legal team raises objections
Meanwhile, the legal team representing Delhi's Chief Minister and AAP's national convener Arvind Kejriwal submitted objections to the ED's affidavit on Thursday and filed a complaint with the Supreme Court's registry. Kejriwal's legal team contends that the ED filed the affidavit without the Supreme Court's consent, which is completely illegal. After two years of investigation, the ED has not found any evidence against any party member, according to AAP, which adds that the affidavit grossly overlooks legal procedures and was presented at a time when a verdict is expected from the Supreme Court on Friday.
Read more: Will Kejriwal get interim bail? Supreme Court may announce the decision on May 10th.
What did the Supreme Court say in the last hearing?
During the last hearing, the Supreme Court noted that Kejriwal is an elected Chief Minister. Elections occur once every five years in the country, constituting an exceptional circumstance. The Court also mentioned that should they release you, they would expect you not to engage in official duties or sign any files. The Supreme Court indicated that if Kejriwal takes part in the election and performs official duties, it would have widespread implications. Kejriwal's attorney assured that he would not sign any documents but urged the Lieutenant Governor not to halt files due to the absence of signatures. Kejriwal's attorney maintained that he is not a habitual offender, and his release on bail would not pose a threat to society.
Kejriwal hit by a setback from the High Court
In April, the Delhi High Court deemed Kejriwal's arrest legal, stating that after multiple summons and refusal to participate in the investigation, the ED had no other choice. Kejriwal was arrested by the ED on March 21st, after which he was held in ED custody for 10 days during questioning. Following this, he has been incarcerated in Tihar Jail under judicial custody by the order of the trial court.
Will Kejriwal's troubles increase?
Today, the ED intends to file a chargesheet against Kejriwal. Sources suggest that this will be the first time Kejriwal is named as an accused in the excise policy case. The ED has designated Kejriwal as the kingpin and mastermind in the money laundering case. The ED claims to have traced the money trail connected to Kejriwal.
