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AAP to challenge Kejriwal's arrest order

AAP to challenge Kejriwal's arrest order

India Blooms News Service (IBNS) | | 22 May 2014, 09:28 am
New Delhi, May 22 (IBNS) The Aam Aadmi Party (AAP) on Thursday said it will challenge the Patiala House Court order on its chief Arvind Kejriwal's arrest in a defamation case filed by Bharatiya Janata Party (BJP) leader Nitin Gadkari.

The court will hear the case on Friday.

Meanwhile, AAP leader Manish Sisodia, who was arrested on Wednesday night for protesting against Kejriwal's arrest, was released on Thursday to attend his father's funeral.

On the other hand, the AAP vowed to intensify Kejriwal's fight against corruption.

"The Aam Aadmi Party expresses complete solidarity with its national convenor Arvind Kejriwal in his fight against corruption," said the party in a release.

"The AAP totally disagrees with the decision of the learned Metropolitan Magistrate to send Kejriwal to judicial custody. There is no provision in law which makes it mandatory for a defendant against whom a complaint is filed in a defamation case to furnish a bail bond, particularly when he is ready and willing to be present in the court on the fixed date of hearing," it said.

"It is surprising that the court decided to send Kejriwal to judicial custody despite his lawyers expressing readiness to submit an undertaking that he will be present in the court during each date of hearing," said the AAP.

The party claimed that there are atleast four precedents in which courts have accepted the undertakings given by Kejriwal in similar cases and did not insist on a bail bond.

 
"In defamation cases filed by Mr Pavan Khera and Mr Amit Sibal, the courts accepted the undertaking given by Kejriwal and a similar procedure was followed in two other cases registered against him pertaining to protests against the coal scam," it said.         

"The present case pertains to a criminal defamation complaint filed by former BJP President Nitin Gadkari against Kejriwal, for allegedly stating that the AAP will put up candidates against corrupt leaders in the Lok Sabha elections," said the party.

"Despite the erroneous court order, the AAP will continue and intensify its fight against corruption and for ensuring the rights of the common man."

"It was the AAP, which had first exposed the corrupt deals of Mr Robert Vadra, the son-in-law of Congress President Sonia Gandhi and Mr Nitin Gadkari in October 2012," the AAP said.

"Infact, it was the AAP expose against Mr Gadkari about his business deals and involvement in land deals, which ultimately led to his resignation as BJP President in 2012," it said.

"It is very surprising that Mr Gadkari had then chosen to remain quiet despite all documents about his Purti group of industries and other deals were exposed by the AAP, and he has now filed a defamation case merely on a political statement that the AAP will put up candidates against all corrupt leaders including Mr Gadkari," said the party.

"The AAP appeals to its volunteers to maintain peace and calm. The party expresses complete solidarity with its national convenor , since the party views the fight against corruption as one of its main tasks," the AAP said.     

Amid protests Kejriwal was on Wednesday arrested and taken to Tihar Jail  by the Delhi Police after he refused to to submit a personal bond of Rs 10,000 in the Nitin Gadkari defamation case.

He will remain in the judicial custody till May 23 when the court of metropolitan magistrate Gomati Manocha will take up the case again for hearing.

Several  AAP supporters, who held protests outside the prison, were detained later.

Even party leaders Yogendra Yadav, Sanjay Singh and Manish Sisodia were among others, who were forcibly removed by Delhi Police from the site.

According to reports, Section 144 on unlawful assembly, which prohibits the gathering of five or more persons, has been imposed in the area.

In the court on Wednesday, Kejriwal said that he would not give a bail bond on principle.

After his refusal to pay the bond, the judge asked him whether he was looking for exceptional treatment.

Gadkari had filed a defamation case before metropolitan magistrate in Delhi in mid-February. He had said that Kejriwal has tarnished his image by calling him corrupt.

"Patiala House Court orders Arvind Kejriwal to be taken into custody in defamation complaint filed against him by Nitin Gadkari," AAP tweeted.

"Earlier today Arvind had refused to file a bond and had instead said that he would be available for all court hearings," the party said.

AAP's Prashant Bhusan said that the party won't file bail bond but give undertaking.

"We have always maintained that we won't file bail bond but give undertaking. Arvind refused to take bail here also - Prashant Bhushan," AAP posted.

"It is not necessary to furnish bail bond. On four earlier occasions, we did not take bail but filed only undertaking," Prashant Bhushan added.

AAP leader Somnath Bharti tweeted: "First victim of acchhe din (good days) @ArvindKejriwal arrested in defamation case by Sri gadkari. Strange manifestation of acchhe din."

A Delhi court on Feb 28 summoned former Kejriwal in a criminal defamation case filed against him by  Nitin Gadkari.

Gadkari had slapped a legal notice on Kejriwal for including his name in the latter's "India's Most Corrupt Politicians" list.

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