'Campaigning not a fundamental right': ED files affidavit in SC, opposes interim Bail to Delhi CM Kejriwal

New Delhi: The Enforcement Directorate on Thursday filed an affidavit before the Supreme Court urging not to grant interim bail to Chief Minister Arvind Kejriwal in the Delhi Excise policy case and said that the right to campaign for elections was "not fundamental".

The affidavit was filed by ED's Deputy Director Bhanu Priya before a bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta who is all set to pronounce its verdict on the interim Bail petition of the Delhi CM on Friday.

Earlier the Apex Court had hinted that it will grant interim bail to Kejriwal to campaign for the Lok Sabha Election scheduled to be held in Delhi on May 25.

The Bench was also in the dilemma that as per rules, after granting interim Bail to Kejriwal, he cannot participate in official duties as the Chief Minister. If he does sign some official papers or does some other work related to the administration it will have a cascading effect.

Kejriwal had approached the Apex Court challenging his arrest and the remand thereafter. The Delhi CM had also requested the top court to give him interim bail meanwhile for the campaigning of the Lok Sabha Election.

The Top court which is hearing the larger matter of Kejriwal's plea against his arrest had earlier said it would consider bail for the AAP leader to allow him to campaign for his party in the ongoing Lok Sabha election.

Delhi has seven Lok Sabha seats, all of which were won by the BJP in the last election. The voting this year is in a single phase on May 25.

The Apex Court had also told the ED, “You cannot exclude one aspect. You are depriving a person of their right to life," Justice Dipankar Datta had said.

On the other hand, the Supreme Court also said, “George Fernandes contested elections from jail and won by a huge margin of votes. It was the largest in Indian elections.”

On May 7, the court said, “We have heard both sides on the issue of interim bail and we will take a decision.

Solicitor General SV Raju had also urged the Top Court to treat Kejriwal as a common man who had committed some wrong. The SG said, “Please do not earmark a political leader as a separate class and let them not be separated from the common man.”

Kejriwal was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.