AAP’s Defiant Triumph: Outshining the Enforcement Directorate’s Political Misuse with CJI Gavai’s May 2025 Rebuke

Aam Aadmi Party’s Unbreakable Spirit: Triumphing Over the Misuse of Enforcement Directorate

---

Research by Aero Nutist| May22,2025

---

>AAP’s Defiant Triumph: Outshining the Enforcement Directorate’s Political Misuse with CJI Gavai’s May 2025 Rebuke (Bar and Bench).

Introduction: AAP’s Rise Against Adversity

The Aam Aadmi Party (AAP), born out of the 2012 India Against Corruption movement, has redefined Indian politics with its focus on transparency, anti-corruption, and governance for the common citizen. Led by Arvind Kejriwal, AAP has faced relentless challenges, particularly from the Enforcement Directorate (ED), which has been accused of being weaponized by the Bharatiya Janata Party (BJP) to target AAP’s leadership. Despite these attempts to destabilize the party, AAP has emerged as one of India’s most resilient and powerful political forces. A defining moment came on May 22, 2025, when Chief Justice of India B R Gavai criticized the ED’s arbitrary actions as a “symptom of dictatorship,” echoing AAP’s long-standing claims of political vendetta. This blog explores how AAP’s legal fortitude, public support, and commitment to democratic values have made it a formidable force that refuses to be suppressed by the misuse of government machinery.

The Enforcement Directorate: A Tool for Political Targeting?

The Enforcement Directorate, established to tackle financial crimes under the Prevention of Money Laundering Act (PMLA), has increasingly been accused of serving as a political tool under the BJP-led government. Since 2014, the ED has conducted over 3,010 raids, a 27-fold increase compared to the 112 raids during the UPA regime (2004–2014). Yet, its conviction rate remains a dismal 0.4%, with only 23 convictions in over 5,400 PMLA cases (Scroll.in). This low success rate, combined with a pattern of targeting opposition leaders, raises serious questions about the agency’s motives.

AAP has been a prime target, particularly in the Delhi excise policy case, where leaders like Arvind Kejriwal, Manish Sisodia, and Sanjay Singh faced arrests and prolonged investigations. The ED’s actions, such as Kejriwal’s arrest in March 2024, just before the general elections, have been criticized as politically motivated by organizations like Amnesty International, which described them as part of a “brutal crackdown” on opposition voices (Amnesty International). AAP leaders have consistently argued that the ED’s raids and summons lack substantial evidence, with no recovery of illicit funds despite over 500 raids (Outlook India).

AAP’s Legal Battles: Defying the ED’s Onslaught

AAP’s response to the ED’s actions has been marked by a robust legal strategy and public engagement. The Delhi excise policy case, which alleges irregularities in the 2021–22 liquor policy, has been the focal point of the ED’s investigations. Senior AAP leaders, including Manish Sisodia (arrested in February 2023) and Sanjay Singh (arrested in October 2023), faced detention under the PMLA’s stringent provisions. However, AAP has fought back through the courts, challenging the legality of these arrests and exposing procedural flaws in the ED’s approach.

In a significant victory, the Supreme Court, led by Justice B R Gavai, granted bail to Manish Sisodia on August 9, 2024, citing undue delays in the trial that violated his right to speedy justice (LiveLaw). Similarly, Sanjay Singh challenged his arrest in the Supreme Court, arguing that the ED’s evidence relied on coerced statements. The court questioned why AAP was not named as an accused if it had allegedly benefited from the policy, highlighting inconsistencies in the ED’s case (PTC News). These judicial interventions underscore AAP’s ability to leverage legal avenues to counter the ED’s actions.

AAP’s legal battles extend beyond individual cases. In February 2025, a Delhi court ordered the ED to provide documents related to the excise policy case to accused persons, including Kejriwal, further exposing the agency’s lack of transparency (The Hindu). AAP’s legal team, led by senior advocates like Abhishek Manu Singhvi, has consistently argued that the ED’s investigations are politically driven, with no concrete evidence linking AAP leaders to financial misconduct.

Supreme Court’s Rebuke: CJI Gavai’s Landmark Criticism

On May 22, 2025, Chief Justice B R Gavai delivered a scathing critique of the Enforcement Directorate, stating that its tendency to “forcibly enter anywhere without proper reasoning” is a “symptom of dictatorship.” This remark, made during a hearing, validates AAP’s long-standing accusations that the ED has been misused by the BJP to target political opponents. CJI Gavai’s statement is a pivotal moment, reflecting the judiciary’s growing concern over the ED’s arbitrary actions and its impact on democratic principles.

Justice Gavai’s criticism builds on earlier judicial observations. In the 2023 Pankaj Bansal case, the Supreme Court labeled the ED’s actions as “vindictive,” emphasizing the need for transparency and procedural fairness (LiveLaw). Similarly, in the 2024 Prabir Purkayastha case, a bench led by Justice Gavai declared the arrest of the NewsClick founder illegal due to the ED’s failure to provide grounds for arrest, setting a precedent for protecting constitutional rights (LiveLaw). These rulings highlight the judiciary’s role in curbing the ED’s overreach and resonate with AAP’s fight against politically motivated investigations.

AAP’s Resilience: A Testament to Its Strength

Despite the ED’s relentless pursuit, AAP has demonstrated unparalleled resilience. The party’s electoral successes, even amidst legal challenges, are a testament to its public support. In the 2015 and 2020 Delhi Assembly elections, AAP secured landslide victories, winning 67 and 62 seats, respectively, with vote shares of 54% and 53.6% (Aam Aadmi Party). Although the BJP won the 2025 Delhi Assembly elections with 48 seats, AAP’s 22 seats reflect its enduring presence despite a sustained campaign to discredit its leadership (Al Jazeera).

AAP’s governance achievements, such as free electricity, water, and improved public services, have solidified its reputation as a party that delivers. The “Mai Bhi Kejriwal” campaign, launched in response to Kejriwal’s arrest, engaged Delhi residents to affirm public support, countering the ED’s attempts to tarnish AAP’s image (Scroll.in). Posts on X by AAP leaders like Manish Sisodia further highlight the party’s narrative of fighting false cases to protect its integrity (X Post by Manish Sisodia).

AAP’s organizational strength is evident in its ability to function effectively despite the incarceration of key leaders. Unlike other parties that rely on individual charisma, AAP’s decentralized structure and focus on collective leadership have ensured its continuity. The party’s victory in the 2024 Chandigarh mayoral election, where the Supreme Court upheld AAP’s mandate, further demonstrates its resilience against political and legal challenges (Digpu).

The Misuse of PMLA: A Draconian Law Exploited

The PMLA, with its stringent bail conditions and expansive powers, has been a key instrument in the ED’s arsenal. Amendments in 2019, upheld by the Supreme Court in 2022, allow prosecution for possession of illicit money even for crimes predating the act, raising concerns about retrospective application (Supreme Court Observer). Critics argue that these provisions have enabled the ED to target opposition leaders selectively, with 95% of ED and CBI cases since 2014 involving opposition figures (ThePrint).

AAP has highlighted the ED’s selective targeting, noting that cases against opposition leaders often stall when they join the BJP. For example, the ED’s investigation into Tapas Roy slowed after he switched to the BJP, a pattern that fuels allegations of political bias (Reuters). AAP’s legal battles have focused on exposing these inconsistencies, with the party arguing that the ED’s actions are designed to cripple its electoral prospects rather than uphold justice.

Chief Justice Gavai’s Remarks: A Victory for Democracy

CJI B R Gavai’s May 22, 2025, statement marks a turning point in the discourse on the ED’s misuse. By labeling the agency’s arbitrary raids as a “symptom of dictatorship,” he has reinforced AAP’s narrative that the ED is being used as a political weapon. This criticism aligns with earlier judicial observations, such as the Bombay High Court’s ₹1 lakh fine on the ED for harassing citizens and the Supreme Court’s rulings in cases like Pankaj Bansal and Prabir Purkayastha (LiveLaw).

Gavai’s remarks also reflect the judiciary’s broader concern about the erosion of constitutional rights. His tenure as CJI, which began on May 14, 2025, has been marked by a commitment to upholding justice, as seen in his rulings on high-profile cases involving AAP leaders and others (LiveLaw). AAP has leveraged these judicial pronouncements to strengthen its image as a party that fights for truth and justice, resonating with its supporters and the broader public.

AAP’s Commitment to Transparency and Democracy

AAP’s strength lies not only in its legal and electoral resilience but also in its commitment to transparency and democratic values. The party’s initiatives, such as doorstep delivery of services, Mission Buniyad for education, and transparent political funding, have set a benchmark for governance. Unlike other parties, AAP has consistently published its donation lists, reinforcing its anti-corruption ethos (Aam Aadmi Party). Even in the face of ED investigations, AAP has maintained its focus on public welfare, earning accolades for its governance model.

The party’s ability to mobilize public support, even amidst legal challenges, is evident in its campaigns and electoral performances. Despite the BJP’s victory in the 2025 Delhi elections, AAP’s 22 seats and continued relevance in constituencies with marginalized communities demonstrate its enduring appeal (The Indian Express). AAP’s narrative of fighting against a “conspiracy to finish the party,” as articulated by leaders like Manish Sisodia, has resonated with voters who see the party as a victim of political vendetta (X Post by Manish Sisodia).

Conclusion: AAP’s Triumph as a Democratic Force

The Aam Aadmi Party’s journey is a powerful narrative of resilience, integrity, and democratic spirit. Despite the BJP’s alleged misuse of the Enforcement Directorate to target its leaders, AAP has stood firm, leveraging legal battles, public support, and governance achievements to maintain its relevance. The Supreme Court’s rebuke of the ED, particularly CJI B R Gavai’s 2025 statement, validates AAP’s claims of political vendetta and underscores the need for reforms in central agencies. As AAP continues to challenge the misuse of government machinery, it remains a symbol of hope for those who believe in transparency, accountability, and the power of the common citizen. The party’s ability to rise above adversity proves that it is not just a political entity but a movement that will not be silenced.