The Supreme Court’s decision to grant interim bail to Delhi Chief Minister Arvind Kejriwal, is a step to ensure that there is a level playing field in the electoral arena, and no one faces any disadvantage on any count.
Kejriwal, who was released on Friday evening, will be campaigning for his party’s nominees in Delhi, Punjab and Haryana. Although he has been barred from going to his office or signing papers without the approval of the Lieutenant Governor, his mere presence would electrify his party workers.
His release is also a reflection on the functioning of the Election Commission of India, whose job it is to ensure that there is a level playing field. While it is for the courts to determine whether Kejriwal is indeed guilty in the liquor scam, the ECI should have prevented his arrest once the elections had been notified and the model code of conduct was in operation.
The Enforcement Directorate and other agencies involved in the probe could have taken the Chief Minister into custody before the poll notification if that was what was required in the case. However, in order to arrest him following the poll notification required the approval of the EC, which was perhaps not sought.
There are innumerable cases where the ECI has intervened in the past to prevent administrative orders, if they violated the principle of maintaining a level playing field. The counter argument can be that Kejriwal’s arrest followed investigations in a criminal case and thus it was done in pursuance of due process.
Senior Supreme Court lawyer and former Minister Ashwani Kumar has made a very apt observation on the SC ruling. He said that the SC order balances the sanctity of the fundamental right to personal liberty and freedom of expression in the election season, with the necessity to observe the legal due process in a criminal investigation.
In as much as the court’s order facilitates campaigning by Kejriwal and casting of his vote, the order subserves the democratic cause in furtherance of the basic structure of the Constitution, he noted.
The release is certain to have a huge impact on elections, particularly in the national capital where the Delhi Chief Minister will be seeking votes for his nominees while hitting out at both the ruling dispensation at the Centre and the Election Commission for failing in its duty. The ECI has been under fire this time and many veterans are of the view that it has been found wanting in its job on multiple occasions.
The ECI needs to be reminded that it has overriding powers in most matters when the election process is on, and it should not allow any transgressions on the part of any person if there was a case of overstepping that came to light. The Opposition charge is that the ECI has been blind to certain comments made by the Prime Minister while it has taken action against others on similar grounds.
It is extremely important that the credibility of the Election Commission is not compromised in any manner and those who are holding important positions in the body, have to rise to the occasion and ensure impartiality. During the earlier part of last week, TV channels carried a news that the Lt Governor had recommended a probe by the NIA into allegations of foreign funding to the tune of several million dollars by a banned Sikh group to the Aam Aadmi Party. If this charge is true, there is a system at place to get to the bottom of the matter and the Lt Governor has no powers during this period to recommend a probe on his own accord, particularly when it was used for propaganda purposes by the parties opposed to the Delhi Chief Minister. The sanctity of a level playing field needs to be maintained.
The Apex Court in the latest instance has ruled that Kejriwal was not a convicted criminal. It has laid down certain conditions for his release but has not barred him from campaigning. He is certainly now going to take advantage of his liberty and visit the Mohalla Clinics or such facilities which were closed but are very popular amongst residents.
Many schemes initiated during his time have also been well received over a period of time and would be used by his volunteers as campaign points in these elections. The bail order has put the BJP on the defensive and its leaders would have to work overtime if they want to ensure the repeat of the 2019 results which were in their party’s favour.
The emerging situation in Delhi shows that there was likely to be a very close contest on all the seven seats. At one time, it was a foregone conclusion that the BJP would sweep the capital without any problem. This is not so anymore.
Kejriwal’s release would also impact elections in Punjab and Chandigarh and the one seat in Haryana. The perception created by his release is that he was wronged by the government agencies during the election time and arrested without sufficient evidence and proof. This is something which would be determined by the courts later but Kejriwal shall not allow this opportunity to slip by without denting the BJP’s prospects.
The SC order has put the spotlight on the Delhi Chief Minister whose every statement or comment would be highlighted by the media. He is now free in this uncertain election season to settle many political scores with his adversaries. Between us.