The legal team of Delhi Chief Minister and Aam Aadmi Party (AAP) National Convenor, Arvind Kejriwal, has recently expressed strong objections to an affidavit filed by the Enforcement Directorate (ED) that opposes his request for interim bail.
This objection was formally communicated through a complaint to the Supreme Court's registry, highlighting a procedural oversight by the ED in their submission process.
According to the press release issued by Kejriwal's legal team, the ED's affidavit was submitted without obtaining prior approval from the Supreme Court. This move has been criticized as a clear violation of legal norms, especially since the Supreme Court is expected to make a final decision on the matter shortly.
The controversy arises amidst discussions on the nature of electoral campaigning rights in India, with the ED asserting that such rights are neither fundamental nor constitutional.
The Enforcement Directorate's stance was outlined in a new affidavit aimed at preventing Kejriwal's release on interim bail. The central probe agency argued that there have been instances where politicians have contested elections from judicial custody and have even secured victories without being granted interim bail for campaigning purposes. This assertion underscores the ED's position that electoral campaigning is not recognized as a fundamental, constitutional, or legal right under Indian law.
This legal battle follows the Delhi High Court's decision last month, which supported Kejriwal's arrest. The court found no illegality in the ED's actions, noting Kejriwal's repeated failure to respond to summonses and his refusal to participate in the investigation. The case in question revolves around allegations of corruption and money laundering linked to the Delhi government's excise policy for 2021-22, which has since been discontinued.
The Enforcement Directorate's affidavit and the subsequent objection by Kejriwal's legal team have ignited a debate on the rights of political leaders to campaign while facing legal proceedings. As the Supreme Court prepares to deliver its verdict on Kejriwal's plea for interim bail, this case not only highlights significant legal principles but also underscores the ongoing tensions between political figures and law enforcement agencies in India.
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