Arvind Kejriwal, national convenor of the Aam Aadmi Party (AAP), has been sent to judicial custody till 23 May after he refused to seek bail in the defamation case former Bharatiya Janata Party president Nitin Gadkari slapped on him following allegation by the former that the latter was corrupt.
Senior AAP leaders are stating that this decision of the magistrate court is erroneous. Prashant Bhushan, lawyer of the defendant and also a prominent face of the AAP, said, “We have always maintained that we won’t file bail bond, but give an undertaking. Arvind refused to take bail here also. It is not necessary to furnish a bail bond. On four earlier occasions, we did not take bail but filed only undertaking.”
Now here is where the party leaders are lying. The order passed by the court had asked Kejriwal to furnish bail bond with a surety of Rs 10000, which Arvind refused to pay stating that the case was politically motivated.
The court had then asked whether he was ready and willing to furnish a personal bond without sureties, undertaking that he would regularly attend the court and only in default of attendance a fine of Rs 10,000 would be imposed. Kejriwal refused even this and told the court that the procedure should be simplified and the accused should be let off only on an oral undertaking.
The court order went on to state that with the objective of social justice enshrined in the Constitution, courts take a liberal interpretation of bail, covering one’s own bond without surety. The purpose of the bond itself is to deter the accused from fleeing from justice. The court very rightly observed that Kejriwal was adamant to not furnish bail bonds or even a personal bond for his appearance before the court and that the procedure of the courts could not be thrown to the winds at the whims and fancies of the litigant.
Since Kejriwal had refused to furnish the bail bond or even personal bond without surety, the court is constrained to take Kejriwal into custody. सिर्फ़ News is reproducing a copy of the court ruling along with this report.