New Delhi : Street drama back after Arvind Kejriwal opts for jail over bail in libel case

TNN

New Delhi, May 22, 2014 : Facing the prospect of political marginalization, Aam Aadmi Party leader Arvind Kejriwal on Wednesday sought to drum up drama and sympathy by refusing to furnish a bail bond of Rs 10,000 in a defamation case filed by BJP leader Nitin Gadkari and chose instead to go to jail.

In the evening, around 100 AAP supporters attempted to heighten the drama by staging a vociferous protest against the arrest outside Tihar Jail prompting Delhi Police to impose Section 144 in the area. Some AAP supporters were also arrested for violating the prohibitory orders.

Kejriwal, who had included Gadkari in the party’s list of "India’s most corrupt", was sent to judicial custody by a trail court when he refused bail. The court said Kejriwal can’t seek differential treatment to be let off on an oral undertaking in violation of the settled practice regarding bail. The court remanded him to custody till May 23 with the observation Kejriwal’s stubbornness can’t be tolerated at the cost of "throwing legal procedures to the winds."

 

 

A day earlier, the AAP leader had been embarrassed by his failed attempt to form a government in Delhi, which was contrary to the party’s public position in favour of fresh polls, after the Congress refused to support AAP yet again. The party’s claim of seeking a fresh referendum before attempting to form the government fell flat because, minus Congress, it simply didn’t have the numbers.

On Wednesday, there was no talk of a referendum. Instead, Kejriwal apologized to the city for quitting the government after 49 days without a proper explanation to the people. Even as AAP was going through these political contortions came Kejriwal’s refusal of bail and his attempt to grab the limelight by going to jail. In days to come, AAP will seek to paint Kejriwal’s arrest as the consequence of his taking on political biggies.

When he refused to give a bail bond, the court said that this was not a case where the accused is unable to furnish bail due to financial inability. "The court cannot act as a mute spectator when a particular litigant intentionally seeks to violate the procedure established by law. This case cannot be dealt with any differently than any other criminal cases where the courts insist on furnishing bail bond/personal bond to secure the presence of the accused persons," said Metropolitan Magistrate Gomati Manocha.

Kejriwal told the court he was ready to give an undertaking that he will appear before the court but refused to furnish a bail bond. The court asked whether the AAP leader was looking for "some exceptional treatment". "What is the problem with furnishing a bail bond? There is a procedure and why should we follow a different procedure in this case? I agree he will appear in the court but the procedure is that a person has to file bail bond," the magistrate said.

Responding to this, Kejriwal told the judge that he was not looking for any exceptional treatment but argued that he would not furnish the bail bond "on principle" as this was a "politically motivated case." "I am fighting against corruption. This is my principle that when I have not done anything wrong, I will not seek bail. I am ready to go to jail," Kejriwal submitted.

Kejriwal’s lawyers advocates Prashant Bhushan and Rahul Mehra told the magistrate that they were not asking for any "special treatment" and the procedures nowhere say that a person cannot file an undertaking.

Senior advocate Pinki Anand, who appeared for Gadkari, strongly opposed Kejriwal’s contentions and said there was no procedure in law to furnish undertaking and law should not vary for anyone. Unimpressed by Kejriwal’s arguments, the magistrate observed, "Why should there be a divergent view in this case only? When you are representing AAP, we expect you to behave like an ’aam aadmi’. Let the procedure be same for every one. What you (Kejriwal) are asking for is differential treatment."

Refusing to budge, Kejriwal argued, "We are starting a new initiative (of filing undertaking). We are setting a precedent. I am not saying that give this treatment only to me. Give it to all." The AAP leader also told the court that in all cases the procedure should be simplified and the accused should be let off on an oral undertaking.

The court, however, said "the procedures of courts cannot be thrown to the winds at the whims and fancies of some litigants." It reminded Kejriwal that the offence of defamation under section 500 of the IPC was bailable but despite this when Kejriwal refused to seek bail, the court ordered him to be taken into custody.

During the action packed proceedings, a lawyer started shouting in the courtroom that the law is governed by the CrPC and Kejriwal should be sent to jail. The court, however, said that somebody who is not representing the parties should not make unnecessary comments during the proceedings. Meanwhile, the court also allowed the application of Gadkari’s counsel seeking exemption from personal appearance for the day on behalf of the BJP leader.

The court pronounced its order in the afternoon following which Kejriwal was taken to the lock-up inside the court premises and later sent to Tihar Jail. As the news of Kejriwal’s arrest broke out, a battery of AAP leaders - Sanjay Singh, Gopal Rai, Ashutosh, Nagender Sharma, Ashish Talwar and Dilip Pandey - rushed to the court.

"He (Kejriwal) has not flouted any law nor has be committed any heinous crime. He has simply refused to furnish the bond of Rs 10,000. It’s our way of fighting against corruption and if we have to pay the price for it this way, so be it," party spokesperson Ashutosh said.

On February 28, Kejriwal was summoned as an accused by the court in the defamation complaint in which Gadkari had alleged that he was defamed by the AAP leader.