Aam Aadmi Party chief Arvind Kejriwal has been jailed in judicial lock-up after refusing to pay Rs 10,000 bail in a criminal defamation case over having called another politician a thief in January and including him in a list of “India’s most corrupt”.
Kejriwal said he would not pay the bail in the defamation case, filed by BJP leader Nitin Gadkari in Patiala House court in Delhi, out of principle because it was a political case. “I am ready to go to jail. We are setting precedence. I am not saying that give this treatment only to me. Give it to all,” he told the magistrate. [NDTV]
Comments
Basically bail bond is the legal procedure established by courts where accused furnishes guarantee to return to court at time when called before court regardless of whether the person is found guilty or not guilty of the crime accused.
In such Kejriwal tries to develop its own mechanism and challenging the due procedure of court established by law.
What would be more interesting is whether AAP will field him as a candidate in the future, now that he is also a tainted politician with a criminal record.
Even more interesting would be to watch the impending ache din of Fascism.
Basically bail bond is the legal procedure established by courts where accused furnishes guarantee to return to court at time when called before court regardless of whether the person is found guilty or not guilty of the crime accused.
In such Kejriwal tries to develop its own mechanism and challenging the due procedure of court established by law.[/quote]
rkaran22, I understand your contempt for Mr. Kejriwal for this not bowing down to procedure as is being followed, but then it is a judicial question and the first thing we need to do is put aside prejudice. If you get over the strong emotions he has evoked in you, in this case atleast I think he has a point.
You need to refresh your knowledge of legal procedure.
Kindly Advise Mr. Arvind Kejriwal that " brand Kejriwal" is no more popular and product is loseing-Truthfullness.Sympathy from AAM Paublic- those-highly educated now realised that Mr. kejriwal and Team is more dangerious so Common Men then to Congress.
Let God sent back Keriwal to Annaji and let Shri Prashant Bhushan- seek justice under" Coomon Cause" society from the Courts in India- then the masses of India.
from Vijaymvaghela- advocate
Kindly Advise Mr. Arvind Kejriwal that " brand Kejriwal" is no more popular and product is loseing-Truthfullness.Sympathy from AAM Paublic- those-highly educated now realised that Mr. kejriwal and Team is more dangerious so Common Men then to Congress.
Let God sent back Keriwal to Annaji and let Shri Prashant Bhushan- seek justice under" Coomon Cause" society from the Courts in India- then the masses of India.
from Vijaymvaghela- advocate[/quote]
[quote name="vijaymvaghela"]Arvind kejriwal required to take some lesson of law. It is necessary that he should be made law abiding citizen. It is most unfortunate that Mr. Prashant Bhushan, for the reasons best known to him- is not giving him true and correct legal advice.
Kindly Advise Mr. Arvind Kejriwal that " brand Kejriwal" is no more popular and product is loseing-Truthfullness.Sympathy from AAM Paublic- those-highly educated now realised that Mr. kejriwal and Team is more dangerious so Common Men then to Congress.
Let God sent back Keriwal to Annaji and let Shri Prashant Bhushan- seek justice under" Coomon Cause" society from the Courts in India- then the masses of India.
from Vijaymvaghela- advocate[/quote]
Again, here I see some political overtones for a legal question.
Should a person be enlarged on bail on his own cognizance or not ? is the basic core question and I hope this case goes up to the High Court and this principle gets more publicity which it duly and properly deserves. Ofcourse a lot of our brother advocates might not like the effect of this but then we are here for justice and Fiat justitia ruat caelum.
The accused in the case clearly and unequivocally gave an undertaking that the will attend the court and that his word should be taken by the court. I do not see anything wrong with that.
The Court wanted Rs. 10,000/- which it self has said is not a great deterrent for people who want to abscond. Under these circumstances why make the person pay Rs. 10,000/- only for the heck of technicality.
Is the court convinced the accused would come to attend trial ? If yes, let him go. If not put him in custody, irrespective of how much is the bail bond the accused offers. That is the simple aspect one needs to look at.
I thank Mr. Kejriwal for this effort, some one had to bell the cat on the bail being so done mechanically and the concept of people being enlarged on bail on their own cognizance as is done in west must be implemented here when we already have flexibility in law as it stands, which does permit the court to do so.
However, I would use this drama by Kejriwal to highlight another issue i.e. abolishing Criminal Defamation sections altogether. At max, it can be a civil offense, not a criminal one. Imagine your being in Jail for calling a leader corrupt which by the way, we do everyday. :)
I took the liberty to make a typed true copy of the order as I got from the images published on Indiatoday.
The Link to a true copy of the order on Scribd here.[url]http://www.scribd.com/doc/225606695/Arvind-Kejriwal-Refusal-to-Furnish-pay-for-Bail-Bond-Remand-Order-21-May-2014[/url]
http://timesofindia.indiatimes.com/india/Boy-spends-one-year-in-jail-for-stealing-Rs-200/articleshow/9401616.cms
Ofcourse the details in news paper cannot be relied upon. There is the element of ATM card loss too which was only cursorily covered under the news article but even then the main aspect of bail still remains.