ED in SC opposes interim bail to Kejriwal

New Delhi : The Enforcement Directorate (ED) on Thursday opposed in the Supreme Court the grant of interim bail to Delhi Chief Minister Arvind Kejriwal in a money-laundering case linked to the alleged excise policy scam, saying the right to campaign in elections is neither fundamental nor constitutional. In a fresh affidavit filed in the top court, the ED said no political leader has ever been granted interim bail for campaigning even if he is not contesting polls.

"It is relevant to note that the right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right," the agency said. It added that to its knowledge, "no political leader has been granted interim bail for campaigning even though he is not the contesting candidate. Even a contesting candidate is not granted interim bail if he is in custody for his own campaigning". On Wednesday, Justice Sanjiv Khanna, who headed the bench that heard Kejriwal's petition against his arrest in the case, said, "We will pronounce the interim order (on bail) on Friday. The main matter related to the challenge to arrest will also be taken up on the same day."

The ED is expected to soon file a fresh charge sheet in the Delhi excise policy-linked money laundering case and it may name Kejriwal, BRS leader K Kavitha and some others as accused, official sources said on Thursday. The federal agency had arrested Kejriwal from his official residence here on March 21 under the Prevention of Money Laundering Act (PMLA) while Kavitha, the MLC daughter of former Telangana chief minister K Chandrashekar Rao, was taken into custody from Hyderabad on March 15. Official sources said a prosecution complaint against half-a-dozen entities, including the two politicians, some linked individuals and companies, has been readied and the agency may file it before a special PMLA court here within the next 4-5 days.

The accused will be charged with money laundering and the prosecution complaint will be filed under sections 45 and 44(1) of the PMLA, the sources said. The agency may also name AAP in this charge sheet along with attachment of some fresh assets in the case that was registered in 2022.

This will be the seventh charge sheet by the ED in this case in which it has arrested 18 people so far including Kejriwal's party colleague and former Delhi deputy chief minister Manish Sisodia, AAP Rajya Sabha MP Sanjay Singh and others. Singh was granted bail sometime back.