The Delhi High Court today agreed to hear a petition seeking immediate release of Arvind Kejriwal, who was sent to jail after he refused to furnish bail bond in a criminal defamation complaint against him.
The petition submitted that he has been “illegally sent to judicial custody” on a wrong premise of law. The plea was mentioned by advocate Prashant Bhushan before a bench of justices B D Ahmed and S Mridul which said it would be listed tomorrow for hearing before the court concerned.
The petition challenged the May 21 and 23 orders of a magisterial court remanding Kejriwal in judicial custody for not furnishing bail bond in the criminal defamation complaint filed by BJP leader Nitin Gadkari, saying the same was not mandatory and he should have been allowed to give a written undertaking instead.
The habeas corpus plea, filed on behalf of the Aam Aadmi Party (AAP) leader, has made Gadkari and the Delhi government as parties. On May 21, the court had granted bail to Kejriwal in the defamation complaint, saying the offence under Section 500 of IPC was bailable and had asked him to furnish a personal bond.
He, however, was taken into custody after he refused to give the bail bond, saying the case was politically motivated and he does not wish to seek bail. He had said that he was ready to give an undertaking that he would appear in the court whenever required.
The court had on February 28 summoned Kejriwal as an accused in the case, observing that statements allegedly made by the AAP leader have the effect of “harming the reputation” of the complainant.
Bureau Report
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