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Monday, July 16, 2018

Kejriwal moves High Court challenging ‘illegal’ arrest

Advocate files PIL seeking ban on ‘open letter’.

Written by Aneesha Mathur | New Delhi | Updated: May 27, 2014 1:30:38 am
Kejriwal outside Patiala House courts on the day he was arrested for refusing to furnish a bail bond. (Source: Express archive) Kejriwal outside Patiala House courts on the day he was arrested for refusing to furnish a bail bond. (Source: Express archive)

Sent to judicial custody on Friday after his refusal to furnish a bail bond, AAP leader and former Delhi Chief Minister Arvind Kejriwal on Monday filed a habeas corpus plea before the Delhi High Court against the “illegal” order.

The case was mentioned before the court of Justices B D Ahmed and Siddharth Mridul by advocate Prashant Bhushan on Monday as an ‘urgent’ matter for early hearing. It will now be heard before the court of Justice Kailash Gambhir and Justice Sunita Gupta on Tuesday.

In his plea, Kejriwal has alleged that the order of the Metropolitan Magistrate to send him to jail was “illegal” and suffered from “lack of jurisdiction”. “Where the accused is permitted to appear even through a pleader, personal appearance at any stage of the trial is not mandatory,” the petition stated.

The plea also argues that it was “not mandatory” to furnish a bail bond “in a summons case based on a private complaint”.

Meanwhile, another PIL filed before the High Court sought a ban on the circulation of the “open letter” issued by Kejriwal from jail. The letter sough to explain to his supporters the circumstances behind him being in jail.

The letter has been widely circulated on social media, including the AAP website, Twitter and Facebook, as well as through WhatsApp messages.

The petitioner, advocate Vivek Narayan Sharma, has sought a ban on the circulation of the letter as well as a ban on the AAP website till the letter is taken off the website.   He claimed the letter was “dangerous for society” as it would “entice and encourage people against Rule of Law and Constitution”.

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