In a federal structure, no one election is more significant than another, the ED contended.
“Every politician at every level would argue that if he is not let out on interim bail, he would suffer irreversible consequences. Under the Prevention of Money Laundering Act alone presently there are many politicians who are in judicial custody and their cases are examined by competent courts upholding their custody. There must be several political leaders in judicial custody throughout the country in non-PMLA offences. There is no reason why a special prayer for a special treatment by the petitioner be acceded to,” it was submitted.
Kejriwal is currently in Tihar jail after he was arrested by the ED on March 21 in the money laundering case connected to the Delhi excise policy.
The Supreme Court is seized of Kejriwal’s petition challenging his arrest and remand by the ED.
The Delhi High Court had earlier rejected his plea leading to the appeal before the apex court.
During the hearing of the appeal on May 7, the top court had hinted at granting interim bail to Kejriwal in order to enable him to campaign for the upcoming Lok Sabha elections.
However, it had also said that if interim bail is granted, Kejriwal would not be allowed to discharge any official duties as Chief Minister.
The ED in its affidavit filed on Thursday has now opposed the Court’s proposal to release Kejriwal temporarily.
Any grant of interim bail for political campaigning would ‘militate against and ‘be discriminatory to’ the rule of equality, it said.
“It would not be possible to hold that work of a small farmer or a small trader is any less important than political campaigning of a political leader who admittedly is not contesting … A politician can claim no special status higher than that of an ordinary citizen and is as much liable to be arrested and detained for committing offences as any other citizen. If the right to campaign is treated as a basis for grant of interim bail it would breach the principles of Article 14”.
If Kejriwal is granted interim relief, all incarcerated politicians would claim similar treatment as a right, the ED argued.
Any special concession in favour of the CM would, thus, be against the rule of law and create a precedent which would permit all unscrupulous politicians to commit crimes, avoid investigation under the garb of one election, the agency submitted.
Source: Barandbench
