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Campaigning neither fundamental nor constitutional right: ED opposes Kejriwal's bail in SC

  • ED opposes Arvind Kejriwal's interim bail plea in a money-laundering case
  • Asserts, "right to campaign for an election is neither a fundamental right nor a constitutional right"
  • Argues that treating Right to Campaign as a basis to grant interim bail violates Article 14   

09 May 2024

The Enforcement Directorate (ED) lodged a fresh affidavit in the Supreme Court on Thursday, opposing Delhi CM Arvind Kejriwal's interim bail application in connection to a money-laundering case linked to an alleged excise policy scam. 

In the affidavit, ED has said that Kejriwal is not contesting Lok Sabha polls and no political leader has ever been granted interim bail for campaigning. The agency said that right to campaign for an election is neither a fundamental right nor a constitutional right.

"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," stated the ED.

"If Right to campaign is treated as a basis to grant interim bail then it would violate Article 14 and differential treatment cannot be given to a politician," the agency has said.

Earlier, on Wednesday, Justice Sanjiv Khanna 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."

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