Kejriwal's jail stay extended till June 6, Court chides him

May 23, 2014

New Delhi, May 23: AAP chief Arvind Kejriwal's jail stay was extended till June 6 today as he remained adamant on not furnishing bail bond in a criminal defamation case against him by BJP leader Nitin Gadkari, with a Delhi court chiding him for "legal illiteracy" and asking him to be "sensible".

Metropolitan Magistrate Gomati Manocha remanded the former Delhi chief minister, who was produced in a packed court room from Tihar Jail, in judicial custody till June 6 saying she cannot review her order passed on May 21.

"I will only request you (Kejriwal's lawyer) to challenge my order if you want. I have already made up my mind," the magistrate said, adding that the court was only following legal procedure and "that if other leaders of the party can furnish bond to secure bail, why Kejriwal cannot do the same".

The court had on May 21 sent him to custody till today after he had refused to furnish bail bond in the case.

During the hearing, the court said that there is a lot of legal illiteracy in the country and even educated persons do not know what bail and bail bond is.

"There is a lot of legal illiteracy in the country. Even educated people do not know about legal proceedings as to what is bail and what is bond. Being in the position you (Kejriwal) were, I expect you to be sensible," the magistrate observed.

Kejriwal was earlier summoned as an accused by the court in the defamation complaint in which Gadkari had alleged that he was defamed by the AAP leader, who had included his name in the party's list of "India's most corrupt".

During the hearing, senior advocate Shanti Bhushan, who appeared for Kejriwal, argued that in such cases where the accused has not been arrested, there was no requirement to furnish bail bond.

Senior advocate Pinki Anand, who appeared for Gadkari, told the court that criminal courts cannot review their order.

During the hearing, Kejriwal told the court he was trying to understand what his fault was and lots of politicians have filed such cases against him.

"In such cases, I have been released after I gave undertaking in courts earlier," he said.

The magistrate, however, said Kejriwal was told to give a bond only and it was a legal procedure to furnish bonds for bail.

"You (Kejriwal) have been summoned as an accused. You are not a convict. You will face trial...you cannot say that I am innocent and I will not give bond. This is a procedure," the magistrate said.

The court observed that if other leaders of the party can furnish bond to secure bail, why Kejriwal cannot do it

On May 21, the court had granted bail to Kejriwal in the defamation complaint saying the offence under Section 500 of the IPC was bailable and had asked him to furnish a personal bond of Rs 10,000 and a surety of the like amount.

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 said as Kejriwal had refused to furnish bail bond or even personal bond without surety, it was constrained to take him into custody.

The magistrate, in her order, had observed the procedure of courts cannot be "thrown to the winds" at the whims and fancies of the litigants.

"The court cannot act as a mute spectator when a particular litigant intentionally seeks to violate the procedure established by law.

"This case cannot be dealt with any differently than any other criminal cases where the courts insist on furnishing bail bond/personal bond to secure the presence of the accused persons.

"The accused in the present case cannot seek differential treatment to be let off only on an oral undertaking in violation/divergence to the settled practice/procedure regarding bail," the court had said.

The court had also said that this was not a case where the accused is unable to furnish bail bond due to financial inability and Kejriwal was just adamant to not furnish bond for his appearance before it.

The court had on February 28 summoned Kejriwal as an accused in the criminal defamation complaint observing that statements allegedly made by the AAP leader have the effect of "harming the reputation" of the complainant.

AAP leaders have contended that submission of bail bond will be an "admission of guilt" and that Kejriwal had taken a principled stand. But the Congress and BJP had termed it as a political stunt.

Aam Aadmi Party leader Yogendra Yadav, who was taken into custody for violating prohibitory orders imposed around Tihar Jail when he was protesting Kejriwal's arrest, was released on bail yesterday after he furnished a personal bond of Rs 5,000.

The court had noted that Kejriwal stated that he shall prefer to go to jail than seek bail or furnish bail bonds.

Kejriwal had told the court that in all cases the procedure should be simplified and the accused should be let off on an oral undertaking.

Gadkari had said that on January 31 this year, Kejriwal had issued a list of alleged "India's most corrupt" in which he had named various politicians, including him.

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If speaking on UCC, opposing Muslim quota religion-based campaign, then BJP will continue doing it: Amit Shah

News Network

May 26,2024

New Delhi: Union Home Minister Amit Shah has asserted that the BJP will get a bigger win in opposition-ruled states due to a 'positive mandate' for Prime Minister Narendra Modi in the Lok Sabha polls, as he slammed the opposition's criticism of the Election Commission as a ploy to cover up for its impending loss.

In an interview with PTI, Shah claimed that his party has not resorted to any religion-based campaign but insisted that if canvassing against reservation for Muslims, and reaching out to voters on the abolition of Article 370 and implementing a Uniform Civil Code is religion-based campaign, then the BJP has done it and will continue doing so.

He dismissed the opposition's criticism of the Election Commission for its handling of poll data and the issue of Electronic Voting Machines (EVMs), saying that similar protocols and practices have been followed in previous assembly polls, including Telangana, West Bengal and Himachal Pradesh where the BJP lost.

"If those elections were fair, then this election is also fair. When you see defeat, you start crying in advance and try to find excuses to go abroad. This can't go on and on. They want to go on vacation on June 6. So, they are telling something or the other," he said.

The Congress's questions about the polling process is aimed at covering up Rahul Gandhi's failure, he said.

Shah said the opposition party had not offered any such suggestion at the customary all-party meeting called by the poll watchdog before the elections. "Whenever the opposition loses an election, they raise some questions. There is zero possibility of rigging in EVMs and they want an election which can be rigged."

With six phases of the seven-phase Lok Sabha polls over, the BJP's key strategist said the party's assertion that its alliance will cross the 400-seat mark when the poll results are out on June 4 is not merely a poll slogan but a well thought-out goal.

He said, "We will surely cross 400 seats. We will also form governments in Odisha, Andhra Pradesh and Arunachal Pradesh."

Assembly polls in the three states have been held alongside the Lok Sabha elections.

"If we get 399 seats and you say we have not crossed 400, then it is your wisdom. But the '400 paar' slogan is based on calculation and considered opinion," Shah said in his characteristic combative and sure-footed manner.

Asked if the party was overly dependent on Modi and if a relatively weak opposition was benefitting from its alliance, he said it was not a negative but a positive vote which the ruling alliance is receiving.

"This is not a negative vote. Please accept one thing. This is a positive vote. We will get people's support where (in states) we are in power. And mark my words...where we are not, we will be getting a bigger mandate. So this is a positive mandate for the work of the central government," he said.

As Modi has brought to fruition the BJP's core ideological plans, be it the poor's welfare, a secure country, abrogation of Article 370, a uniform law (UCC) across the country, women's reservation and Ram temple, his popularity naturally becomes the strength of the BJP, he added. "He is our biggest leader."

He accused the main opposition party of misleading people on the issue of Muslim reservation, insisting that its accusation that the BJP has been telling a lie rings hollow as it has already implemented such a religious quota in Karnataka and Andhra Pradesh.

"If they divide the truth in pieces to mislead people, then isn't it our duty to put these pieces together and inform people," he said, defending Modi's intense attack on the Congress over the religious quota and the issue of redistribution of wealth.

"You might have heard and understood Rahul Gandhi's X-ray speech. So you want X-ray of what? And if you want to distribute it equally, then who will you distribute to? Manmohan Singh Ji said minorities are their priority. What do you make of this," he asked when questioned about the Congress's allegations against Modi.

To a question about the Congress's promise of giving Rs 1 lakh to women in poor households, he said the party has a history of making populist assurances to come to power but never fulfilling them.

Shah said, "They are in power in two-three states. They should at least fulfil this promise there. At least start giving Rs 1,500 which you promised (in Himachal Pradesh). You are talking about Rs 1 lakh, at least start giving Rs 1,500. Who will trust them."

Making his projection for the BJP in the states where the ruling party is eying major gains, he said it will anywhere between 24 to 30 seats in West Bengal and 16-17 in Odisha. Its alliance will bag nearly 17 seats in Andhra Pradesh. The three states have 42, 21 and 25 Lok Sabha seats, respectively.

Shah claimed that the BJP is set for a maiden majority in the Odisha assembly and expects to win 75 seats in the 147-member House. Its alliance will storm to power in Andhra too, he said.

People are angry with the Mamata Banerjee-led government over issues of corruption, cow and coal smuggling and infiltration, and the Sandeshkhali issue has exposed as to what extent she can stoop in her appeasement politics, he said.

With Modi spearheading the BJP's push in Tamil Nadu and Kerala, two states where the party has been so far unable to make much headway, in these polls, Shah said the party will certainly increase its vote share in the Dravidian state.

He said, "It is a very tight contest. We have a new team. I will not make an estimate with figures. But our seats and vote share will increase and we will certainly lay a strong foundation in Tamil Nadu. We can open our account in Kerala. We are in a good position in three seats."

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