Following Delhi Chief Minister Arvind Kejriwal’s arrest by the Enforcement Directorate (ED) on 21 March in the Delhi Excise Policy case, the German Foreign Ministry spokesperson made an extraordinary comment. It deserves to be fully quoted so that the sentiment of Europe’s leading country is understood.
The spokesperson said, “We have taken note of the case. India is a democratic country. We assume and expect that the standards relating to the independence of the judiciary and basic democratic principles will also be applied in this case. Like anyone facing accusations, Mr Kejriwal is entitled to a fair and impartial trial. That includes he can make use of all available legal avenues without restrictions. The presumption of innocence is a central principle of the rule of law and must apply to him."
After Germany, the United States commented on Kejriwal’s arrest. Then, the United Nations Secretary-General’s spokesperson made a general comment on the need to protect civil and political rights in India during the election process so that it is free and fair.
The US has the propensity to make gratuitous comments on the rule of law in other countries and this UN Secretary-General spokesperson also freely airs his views on democratic freedoms and civil liberties. However, Germany’s comment, as Europe’s most important state, deserves special attention because it is not generally as free with its comments on India’s respect for fundamental rights and judicial processes as it is with the US.