ALSO READ | SC Defers Verdict On Arvind Kejriwal’s Bail: Will It Impact Lok Sabha Campaigns Of INDIA Bloc?

On Thursday, ED in an affidavit filed before the apex court said the right to campaign for elections was "not fundamental".

Reports said the affidavit was filed by the probe agency’s Deputy Director Bhanu Priya on Thursday, a day before the SC is set to hear Kejriwal's interim bail plea in the case.

ALSO READ | Kejriwal's Plea In SC: No Immediate Relief For Delhi CM, Arguments Yet To Conclude On His Bail

"The right to campaign for an election is not a fundamental, constitutional or legal right. To ED's knowledge, no political leader has been granted interim bail for campaigning even though he is not the contesting candidate," the affidavit read.

The central probe agency also contended that no politician could be arrested and kept in judicial custody if they are granted interim bail for poll campaigning.

ALSO READ | ED To Call Arvind Kejriwal 'Kingpin'? First Chargesheet Likely To Be Filed Tomorrow: Reports

"Around 123 elections have taken place in the past three years and if interim bail is granted for election campaigning then no politician can be arrested and kept in judicial custody since elections take place all year round," the ED said.

"Any special concession in Kejriwal’s favour granting interim bail for campaigning in the general election would amount to anathema to the rule of law and equality," it added.