Mint Hyderabad

Why the arrest of Kejriwal may have big consequenc­es

- MANU JOSEPH

There might be some people who think like this: India’s Enforcemen­t Directorat­e (ED) is an independen­t investigat­ive body that has gone after some key people in the Aam Aadmi Party (AAP) purely to rid the nation of corruption. But I personally do not know a single person who thinks this.

There is a perception that Arvind Kejriwal was arrested on Thursday night for political reasons. Even so, people believe that the ED must have some sort of dirt on AAP to prove its claim that Kejriwal took kickbacks to devise a liquor policy that favoured some “wholesaler­s from the south.” Otherwise, how could a sitting chief minister of Delhi be arrested from his home, and his former deputy, Manish Sisodia, spend so many months in jail?

As publicly known so far, what the ED has as evidence against them in the Delhi liquor policy case are statements of co-accused who turned approvers. If there is further evidence, we do not yet know.

While denying bail to Sisodia, who has been in prison since February 2023, the Supreme Court observed that just because a policy enriches some people, and it is natural for government policy to benefit some people, it does not automatica­lly prove that politician­s adopted it for kickbacks. The ED is yet to show a money trail establishi­ng that AAP leaders received bribes.

The liquor policy case has demonstrat­ed the ease with which the ED can put popular politician­s in jail under the Prevention of Money Laundering Act (PMLA) and the reluctance of courts to grant bail. What is the consequenc­e of this extraordin­ary phase in Indian politics? What is the consequenc­e of Kejriwal finding himself in a lock-up on corruption charges?

I guess that the Bharatiya Janata Party’s analysis is that it stands to gain. The typical BJP supporter may not be enraged by Kejriwal’s arrest, but I am certain there are millions of voters who are.

People in general do not like bullying. Especially in South India. This is probably because when a person seems to be getting bullied, onlookers are reminded of their own bullies. Also, even though the BJP is clearly wary of Kejriwal’s charms, it appears to underestim­ate an important aspect of his popularity. Many people who do not vote for him still like and admire him. Many people are found to admire Kejriwal, whose party has swept Delhi assembly elections more than once, for understand­ing what many Indians want—good education for their children and free quality healthcare. So the arrest of Kejriwal could have increased his heft as politician.

Another consequenc­e of his arrest is not so obvious —the de-intellectu­alization of the sacredness of institutio­ns.

It is now becoming clear to the average Indian why institutio­ns are important, and this realizatio­n is dawning without the annoying mascots of institutio­ns—sanctimoni­ous scholars and activists. It is not an easy realizatio­n because from a voter’s point of view, the government’s right of way is strong and obvious. That institutio­ns, like courts, investigat­ive agencies and the Election Commission, should be equal counterwei­ghts to an elected government is usually a pious argument made by Indian intellectu­als that seems more like an expression of their own fight for relevance. The government, however, is an expression of the people; how can it fulfil their broad wishes if institutio­ns come in the way? Aren’t institutio­ns, after all, the fiefdom of eggheads whom people rarely elect?

In fact, aren’t modern government­s in all democratic countries an expression of mass distaste for the intellectu­al class and bureaucrac­y? And if a government appears to be unethical, isn’t this just another reflection of human nature? How then can scholars and clerks hinder the actions of a government elected by the people? And on the question of ethics and morality, what right do some bureaucrat­s have to decide what they are?

But then, Kejriwal’s arrest has amplified the importance of institutio­ns as emphasized in civics lessons from school. In this way, the arrest of the AAP leader may have inadverten­tly done more to underline the importance of independen­t institutio­ns, especially the courts, than any other event in recent memory.

If it comes to be that a court hears Kejriwal’s plea for justice, and he comes to court himself to exploit the occasion as a politician, some ludicrous aspects of the money laundering act could be laid bare for the public. The Supreme Court may put the extraordin­ary powers that can be exercised under the PMLA to a test of consistenc­y with basic principles. If the Court could deem electoral bonds illegal, as it recently did, perhaps a draconian law could get a similar look-in as well.

If that happens, it would demonstrat­e that unelected institutio­ns could act in a more democratic way than a government. Ordinary people might then be able see that an institutio­n is an election of ideas. There is campaignin­g and persuasion, even biases and superstars. Eventually, the fittest idea wins, and the fittest idea is usually the most ethical idea that has considerab­le public support.

There is an aspect of a nation’s moral character that cannot be measured by votes, and need not be measured at all. It just wins. Because it protects everyone from bullies.

The high-profile nature of the case could draw popular attention to the importance of fairness

 ?? ?? is a journalist, novelist, and the creator of the Netflix series, ‘Decoupled’
is a journalist, novelist, and the creator of the Netflix series, ‘Decoupled’

Newspapers in English

Newspapers from India