Arvind Kejriwal’s arrest a smokescreen

It would be wrong to say that Arvind Kejriwal’s arrest takes another step forward in the weaponisation of law-enforcement agencies — because they have already been fatally compromised by the ruling BJP.

The arrest of Delhi Chief Minister and Aam Aadmi Party (AAP) convenor Arvind Kejriwal by the Enforcement Directorate (ED) on March 21 marks another low in the annals of Indian democracy.

It would be wrong to say that this takes another step forward in the weaponisation of law-enforcement agencies, because they have already been fatally compromised; but it does signal the determination of the ruling Bharatiya Janata Party (BJP) to tilt the playing field in its favour in every manner possible. 

One report mentioned a technicality — that Kejriwal goes into the history books as the first chief minister ever to be arrested while in office. But that’s just a technicality. Former Jharkhand Chief Minister Hemant Soren missed earning the dubious distinction when he was arrested on January 31 only because he resigned from his position hours before the ED swoop.

Soren sought what he must have considered his only way of getting relief. He challenged his arrest in the Supreme Court, but his petition was dismissed. Kejriwal has also petitioned the top court.

It could be argued that the ED was just doing its job. But the timing makes the argument risible. Kejriwal was taken into custody five days after the announcement of the election schedule, barely two months before polling in Delhi and Haryana, on May 25, and 10 weeks before polling in Punjab, on June 1. We’ll construct a timeline after examining the stakes.

Kejriwal’s AAP has been the BJP’s principal antagonist in Delhi, and must have shaken the regime after sealing an alliance with the Congress in the capital. Seat-sharing deals have also been finalised in Haryana, Goa, Chandigarh, and Gujarat. While the last may not be significant, the deals in the three other places for 13 seats, of which the BJP won 12 in 2019, are significant. In Punjab, AAP and the Congress are going solo and the BJP is nursing fond hopes of making a splash. There’s plenty at stake as the BJP regime chases a chimerical 370 or 400 seats.

Kejriwal has been arrested in the Delhi liquor case. Manish Sisodia, his deputy, was arrested in the same case on February 26, 2023. The Supreme Court has made adverse observations on the arrest and conduct of the case.

Like Soren, Kejriwal received numerous ED summons. Four were issued in October and December, and in January (two). Four more were issued in quick succession in February. The ninth summons was issued on March 21, the day of his arrest. Kejriwal always maintained they are illegal.

Why was the ninth summons so important? Why wasn’t Kejriwal arrested in January and February when he ignored six summons? Two reasons seem to jump out. One, elections have been announced and campaigning is about to begin in earnest. Without a doubt, Kejriwal is a key campaigner not just for his party, for which he is also a critical strategist and decision-maker, but for other parties in the Indian National Developmental Inclusive Alliance (I.N.D.I.A.). As mentioned, AAP has a direct alliance in three states and a Union Territory, where he’ll now be missed. Thus, a primary purpose of the arrest appears to be using law-enforcement agencies at the eleventh hour to hobble a key opposition party.

This could backfire, if the AAP vote base gets fired up. It has been suggested that Soren’s arrest will help coalesce tribal grievances in Jharkhand and consolidate votes behind the arrested leader. AAP has a dedicated vote base, concentrated demographically, so a similar thing could happen. But we don’t know whether either will.

Two, the regime is reeling from the shock of the proscription of the election bonds schemes, and the release of all relevant data, on the Supreme Court’s insistence, including those matching donors to recipients, which was finally complied with by the State Bank of India on, you’ve guessed it, March 21.

This will not only refocus attention on the fact that the BJP got around 50 per cent of all donations made under the unconstitutional and opaque scheme, but also on possible quid pro quos, aka bribes. As donations made and their dates are studied and matched to contacts awarded, possible correspondences already highlighted by the extortion allegations of the Congress are bound to get traction.

Kejriwal’s arrest is a very convenient deflection. The Opposition and media must not be distracted, and shine a powerful light on the connections.

(Suhit K Sen is author of ‘The Paradox of Populism: The Indira Gandhi Years, 1966-1977’.)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.