Fri. Aug 8th, 2025

ED opposes interim bail to Arvind Kejriwal: ‘Campaigning not a fundamental right’

In Short

  • ED files affidavit in Supreme Court
  • Opposes interim bail request of Arvind Kejriwal
  • Says right to campaign is not fundamental

The Enforcement Directorate (ED) has lodged an opposition to granting interim bail to Delhi Chief Minister Arvind Kejriwal, asserting that the right to campaign for elections is not a fundamental right.

This stance was presented in an affidavit filed by the ED’s Deputy Director, Bhanu Priya, one day before the Supreme Court’s scheduled hearing on Kejriwal’s plea for interim bail in the Delhi liquor policy case.

According to the affidavit, the ED argues that campaigning for elections does not qualify as a fundamental, constitutional, or legal right.

The agency further pointed out that, to its knowledge, no political leader has previously been granted interim bail solely for campaign purposes, even if they were not contesting in the election themselves.

The ED’s opposition to Kejriwal’s plea is rooted in its belief that granting such bail could set a dangerous precedent.

The agency alleges that Kejriwal has previously evaded summons under the pretext of election commitments, citing elections in five states as reasons for non-compliance.

Furthermore, the ED is poised to file its initial chargesheet against Kejriwal in the liquor policy case, marking the first time he will be named as an accused in the matter.

The ED contends that allowing interim bail for campaigning during elections would effectively create a loophole in the legal system, potentially allowing politicians to evade investigation and prosecution by exploiting their campaign schedules.

Additionally, the agency argues against any special treatment for politicians, asserting that they should be subject to the same legal standards as ordinary citizens.

Granting special concessions to politicians, the ED warns, would undermine the rule of law and promote inequality.

The ED also points out instances where politicians have contested elections while in judicial custody, emphasizing that interim bail has not been granted in such cases.

This stance aims to reinforce the principle that politicians should not be exempt from legal proceedings due to their political status.

Arvind Kejriwal was arrested by the Enforcement Directorate on March 21 in connection with the Delhi liquor policy case, with allegations suggesting his involvement in soliciting kickbacks from liquor barons.

This move represents a significant escalation in the legal battle surrounding the case.