Kejriwal in jail: AAP to challenge order

AAP leader Gopal Rai said the party has suspended all agitations until the court session on Friday.

By: Express News Service | New Delhi | Updated: May 23, 2014 8:40 am
AAP leaders at a press conference on Thursday.  ( Source: Express photo by Oinam Anand) AAP leaders at a press conference on Thursday. ( Source: Express photo by Oinam Anand)

The AAP on Thursday said the party would challenge the Delhi court order which remanded its leader Arvind Kejriwal in judicial custody for two days for refusing to furnish a bail bond of Rs 10,000.

Kejriwal was sent to Tihar Jail until May 23 on Wednesday after he refused to furnish a bail bond in a criminal defamation complaint filed by BJP leader Nitin Gadkari.

Speaking to reporters outside Kejriwal’s residence, AAP leader Prashant Bhushan said, “We told the court that it was not necessary to have a bail bond for those who were ready to give an undertaking that they will remain present at all case hearings. There is no necessity under law to furnish a bail bond, especially when there is no danger of the accused absconding. In four such cases, other Delhi courts have let Arvind off after he signed an undertaking.”

Senior advocate and AAP founder-member Shanti Bhushan said according to Section 88 of the CrPC, “when any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant, is present in such court, such officer may require such person to execute a bond… for his appearance in such court… The important word here is “may”. It does not say that the court ‘shall ask’ for a bond.”

AAP leader Gopal Rai said the party has suspended all agitations until the court session on Friday. Over 59 AAP members, who protested outside Tihar jail on Wednesday night, had been detained.

AAP leader Yogendra Yadav, who was among the 59 detained, was granted bail by a Delhi court on Thursday.

The court refused to go into the legality of his arrest on the grounds that the probe was at an initial stage.

Metropolitan Magistrate Ekta Gauba released Yadav on bail after he furnished a personal bond of Rs 5,000.

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  1. A
    avi
    May 22, 2014 at 10:23 pm
    Kajriwal has yet to learn the ropes of dirty politics and vendetta. He should take this jail stint in stride for political graduation. His long journey has just begun !
    Reply
    1. S
      Santano Fernandes
      May 23, 2014 at 9:39 am
      what the senior lawyer shanti bushman is interpreting the text of Sec 88 of the CrPC. the word "May" the text means it is at the discretion of the court and not against the peioner or the defendant wish. It is the Court/the officer presiding will decide whether the bond is required or not. Being a senior lawyer and already knows but simply confusing the court and misguiding kejirwal who is not a legal expert, also the son of shanti bushman also has become a confused lawyer and has succeeded to win cases by misinterpreting the text in the law and confusing the Courts or the Judges but not all courts or judges are inexperience and will get confused, good judges or presiding officers will stick to the point and will prove that this nonsense of confusion should be stopped.
      Reply
      1. J
        jaihanuma
        May 22, 2014 at 9:23 pm
        Kejriwal is an honest and good person with good intentions for the fellow citizens. He miscalculated and took wrong steps in recent elections for lack of experience. You can't find fault with him for taking stand against corruption, injustice, and communal ism. Throwing a good citizen into jail is barbaric and uncivilized. All good people of the world stand against injustice.
        Reply
        1. S
          shyama
          May 23, 2014 at 5:48 am
          I wouldn't put it past this fellow - he tried to sabotage Republic Day and now he and his cronies might try the same tricks for PM's Inauguration Day.
          Reply
          1. C
            Citizen
            May 23, 2014 at 9:33 am
            AAP AK is like any other politican who is also behind name and fame.... Why all this drama he is doing. If he was geniune he should have sta in the Delhi Govt and tired to change the things... He thinks he can change everything by his drama...... MR AK when you never respected the verdict of people .... u are trying another story....Dont fool people
            Reply
            1. G
              Gokul
              May 23, 2014 at 9:33 am
              Why is it barbaric? The court followed the law? Why should AK be treated differently?
              Reply
              1. V
                Vidya
                May 22, 2014 at 9:13 pm
                "May" means the court can ask for a bond or it can not ask for a bond. There is nothing illegal if the court decides to ask for a bond.
                Reply
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