A day before the Supreme Court considers bail for Delhi chief minister Arvind Kejriwal, the Enforcement Directorate has filed a fresh affidavit arguing the right to campaign is not a fundamental, constitutional or statutory right.

The ED cited the Supreme Court judgment in Election Commission vs Mukthar Ansari, 2017, arguing that no Indian politician has ever been granted bail to campaign during elections, and that no exception should be made for the Aam Aadmi Party leader.

The bench of Justice Sanjiv Khanna and Justice Sandeep Mehta had earlier hinted that it might grant interim bail to Kejriwal to allow him to campaign for the general election, subject to the condition that he will not sign any official files. The bench is expected to pass its judgment on Friday.

Kejriwal is in custody in connection with alleged corruption in his government’s now-scrapped excise policy.

Not only has no politician ever been granted interim bail to campaign, Kejriwal is not even contesting the general election, the ED stressed. Besides, even a candidate is not granted interim bail if they are in custody, the agency contended.

Even the right to vote — considered a statutory/ constitutional right by the apex court — is curtailed by Section 62(5) of the Representation of the People Act if a person is in judicial custody, the ED said.

“…Around 123 elections have taken place in the last five years and if interim bail is to be granted for the purpose of campaigning in an election, then no politician can be arrested and kept in judicial custody” since elections are held round the year in different parts of the country, it argued.