It is a stark political irony that Arvind Kejriwal—a leader who rose to prominence through his crusade against corruption in 2011-12—has been arrested by the Enforcement Directorate in a Prevention of Money Laundering Act case. His arrest presents a tipping point in a series of arrests of the most prominent leaders of the Aam Aadmi Party, including Manish Sisodia, Satyendra Jain and Sanjay Singh. Notably, in the month leading up to the General Elections, he is the second sitting Chief Minister to have been arrested by ED—a trend that opposition leaders allege to be part of a systematic misuse of investigation agencies and political authority.
The arrest of Arvind Kejriwal—who has lately emerged as a popular figure on account of his strategic and welfare politics—has created a sense of uncertainty in India’s political landscape ahead of the General Elections. ED was likely to produce him before the PMLA court on Friday, seeking his custody. At the same time, the Supreme Court, in response to AAP’s challenge to Kejriwal’s arrest, was also to hear the case. Since the matter is sub-judice, it would be inappropriate to comment on the merit of the case. The credibility of the arguments, witnesses and proofs presented by the ED will be examined by the respective courts.
However, the timing and modus operandi adopted by the ED, coupled with the palpable perception of the agency working at the behest of the political party at the Centre, present a harrowing picture. The perception is fueled by a series of raids and actions against vocal opposition leaders in recent years. It is an irrefutable fact that corruption needs to be weeded out of the country in a stringent manner. However, the war against corruption should not be used to serve political vendetta and, in the process, constrain people’s choices in a democracy. Also, the crusade against corruption has to stop being selective in targeting only the opposition leaders. Particularly, since money laundering cases involve the invocation of stringent and highly contentious PMLA, the government in power, through its agencies, is expected to exercise due caution in using the law against people’s representatives, especially those holding offices of high significance. The body of any law is only a tool to ensure justice; the conscience and intent behind the application of the same determines the due course of justice (and injustice). The constitutional principle of justice can only be upheld when both the body and spirit of the laws find appropriate application. Any effort to implement the provisions of any law in a manner so as to secure political edge will lead to the compass tilting towards injustice vis-à-vis justice.
While it is expected that courts would look into the legal intricacies of the merit of the case, the political undertones of the episode cannot be overlooked. Accusing the Kejriwal’s arrest to be a ploy to cripple the AAP—a prominent INDIA bloc ally—ahead of General Elections, the party members are determined to hold nationwide protests, including in Delhi. As things stand presently, several high-profile AAP leaders have been arrested for protesting near ITO as Article 144 is imposed. While prima facie it may appear that the AAP is set to weaken ahead of the polls (there is merit in this argument), the ball still is in nobody’s court. The opposition leaders across political parties have strongly condemned the alleged high-handedness and political maneuverings of the Centre. Kejriwal’s arrest has emerged as a major rallying point for the opposition, particularly as the BJP looks cautious in its approach.
The AAP, at the same time, appears determined to seize the situation by playing the victim’s card. This doesn’t come as a surprise, given the overwhelming support the AAP national convenor commands in India’s capital on account of the tangible changes the party has brought to the lives of people over the past decade, mainstreaming even the politically passive issues like education. There is a lot to unfold in the weeks to come. While some may like to herald an endgame for Kejriwal and the AAP in Delhi, this might just be the beginning of a new game! It is always too early to arrive at any conclusion in politics. However, the priority should be to ensure that the law of the land remains sacrosanct and justice prevails in the true sense of the term.