Arvind Kejriwal’s arrest and the implications for Indian democracy

Dipak Kurmi

(The writer can be reached at dipakkurmiglpltd@gmail.com.)

Over the span of the last two decades, I’ve witnessed the remarkable journey of Arvind Kejriwal, evolving from a grassroots activist operating out of a modest shop-turned-office in Patparganj to assuming the esteemed role of Delhi’s Chief Minister, residing in the grandeur of a bungalow on Flagstaff Road. As a non-political champion of social causes, his unwavering commitment to securing government-subsidized food for the hardworking denizens of East Delhi and his relentless efforts to streamline the public distribution system have been nothing short of inspiring. I recall with fondness the thrilling escapades navigating the streets of Delhi alongside him in a weathered Maruti 800 as we pursued documents to uncover the clandestine attempts at privatizing the city’s drinking water supply, orchestrated under the guise of a World Bank initiative.

Reaching the pinnacle of his activist journey, Arvind Kejriwal’s unwavering commitment to transparency and his fearless stance against corruption culminated in a historic moment when he transitioned from an advocate for the right to information to a formidable political figure. This transformation marked a turning point, shaking the foundations of the UPA government. Despite the UPA’s resurgence in 2009 and the BJP’s opposition dwindling, it was evident that conventional political strategies wouldn’t suffice to challenge a ruling regime embarking on its second term. Kejriwal’s bold anti-corruption movement provided a fresh avenue for dissent, with the likes of Kisan Baburao Hazare from Ralegaon adopting a Gandhian persona, captivating television audiences who yearned for a saviour amidst the chaos.

Behind closed doors, Arvind Kejriwal was a frequent attendee at conferences hosted by the Vivekananda International Foundation, a think tank known for its pro-BJP stance. This period also witnessed the nascent emergence of social media as a political battleground. Notably, Prime Minister Manmohan Singh’s media advisors were ill-equipped to navigate this digital landscape, lacking even a basic understanding of social media dynamics, let alone utilizing it to shape political narratives or counter adversaries. Kejriwal, however, proved to be a master of perception management, both on social media platforms and in traditional media outlets. His adeptness at kindling idealism among the incorruptible and resonating with those disillusioned with the government made him a formidable force. Unsurprisingly, his tactics aligned well with the objectives of the BJP-led opposition at the time.

The resounding success of Arvind Kejriwal in the 2013 Delhi elections underscored the potency of politics driven by perception rather than traditional grassroots organizing. While the Rashtriya Swayamsevak Sangh (RSS) cadre played a pivotal role in mobilising support for the Hazare-Kejriwal protests, the triumph at the polls belonged solely to Kejriwal. Despite the collaborative efforts in building the party, Kejriwal staunchly guarded his leadership and authority, declining to share them with his colleagues. This shrewd grasp of power dynamics became evident as his party secured victory in subsequent Delhi Assembly elections and later expanded its influence to clinch victory in the Punjab polls. Kejriwal emerged as a credible alternative to the entrenched powers within the existing political landscape.

In a remarkable twist of fate, Arvind Kejriwal’s accomplishments seemed almost enchanting. Despite ample opportunities to align with the Sangh Parivar forces that aided in toppling the UPA government, Kejriwal opted for a path less traveled. While his social agenda exhibited a subtle tilt towards Hinduism, as evidenced by his early visits to the Ram Temple alongside Punjab CM Bhagwant Mann, Kejriwal remained a true political maverick. He embodied the spirit of a genuine political entrepreneur, unwavering in his belief in the potential of his brainchild, the Aam Aadmi Party (AAP). Unlike conventional wisdom, he refused to barter its independence for a mere seat at the established political table. Instead, he set out to construct an entirely new platform, driven by an unwavering conviction in his vision. Such was the intensity of his self-assurance that it bordered on the realm of the extraordinary.

History has shown that even the most resilient startup founders can falter when their unwavering self-assurance blinds them to prevailing social realities, a concept akin to the Marxist notion of objective conditions. For the Aam Aadmi Party (AAP), its unique selling proposition (USP) lay in its anti-corruption platform, which propelled it to prominence by championing the cause of good governance and efficient service delivery, particularly in areas such as electricity, water, and education for the underprivileged. However, the introduction of a new liquor policy tested the bounds of AAP’s political credibility. The abrupt implementation of this policy opened the party up to accusations of favouritism towards new entrants in the industry, replacing the previous stakeholders and exposing AAP to allegations of inconsistency in its principles.

As the controversy surrounding the liquor policy scandal continued to unfold, the BJP’s political strategy appeared to be unfolding smoothly. However, the arrest of a sitting Chief Minister just five days after the general election commenced dealt a staggering blow to the electoral process. Such a dramatic turn of events inevitably raises questions about the nation’s democratic integrity, particularly when a prominent opposition figure holding a constitutional position faces arrest mid-election. This is not an isolated incident; preceding this, Delhi’s former Deputy Chief Minister Manish Sisodia was apprehended by the Enforcement Directorate (ED) on March 9, 2023, followed by the arrest of AAP’s senior leader and Rajya Sabha MP Sanjay Singh on October 4, 2023, and its communication chief Vijay Nair in November 2022. These developments cast a shadow over the electoral process and invite scrutiny of the country’s commitment to upholding democratic principles.

In a saga stretching over a year and a half, the timing of the Chief Minister’s arrest, occurring just after the commencement of the electoral process, raises significant concerns. Such a pivotal moment, marking the initiation of the process that determines the governing authority for 1.4 billion people, demands careful consideration and prudence. It’s essential to clarify that questioning the timing of the arrest is not tantamount to absolving Kejriwal or AAP of any potential wrongdoing, including the alleged conspiracy involving the receipt of Rs 100 crore in bribes. Rather, it underscores the importance of transparency and due process, especially during critical junctures in the democratic process.

Despite extensive investigations, the probing agencies have yet to uncover overflowing lockers brimming with cash or seize properties linked to Arvind Kejriwal or his family. While Kejriwal may have devised new strategies to manage his finances, the absence of substantial evidence raises questions about the allegations. Regardless of one’s political affiliation, the principle of justice demands that elected officials, like everyone else, should not face prolonged incarceration without due process. In a democracy, bail, not incarceration, should be the standard practice. Prolonged detention without trial risks being perceived as punishment before conviction, undermining the principles of fairness and justice. Moreover, when juxtaposed with the freezing of Congress’ accounts by the Income Tax Department, Kejriwal’s arrest by the Enforcement Directorate (ED) threatens to cast a shadow over the credibility of the upcoming elections, potentially impacting the perceived legitimacy of Prime Minister Modi’s anticipated victory.

For quite some time, the opposition has been vehemently criticising what they perceive as an undeclared emergency in the country. However, their claims did not gain much traction previously, as prominent opposition figures continued to engage in political activities without hindrance. However, the arrest of Kejriwal on the eve of the election has sent shockwaves through the political landscape, casting a chilling effect on the ability of opposition leaders to freely express their views and engage in democratic processes.