Arvind Kejriwal's hearing today, AAP insists law is on its side

All eyes will be on the Patiala House court today when Arvind Kejriwal will be produced in court after having spent two nights in Tihar Jail for refusing to furnish a bail bond in the criminal defamation case filed by BJP leader Nitin Gadkari against him. Addressing the media on Thursday leaders of the Aam Admi Party (AAP) said they ‘disagreed’ with the court’s order and that it reflected a ‘misunderstanding’ of the law by the court. Senior lawyer and AAP leader Prashant Bhushan described the practice by the courts to insist on bail bonds and then jailing those who did not comply as ‘illegal’. Bhushan, quoting the criminal procedure code (CrPC), said that the court was under no legal compulsion to insist that Kejriwal furnish a bail bond as a guarantee that he would be present for every hearing in case. [caption id=“attachment_1538445” align=“alignleft” width=“380”] Arvind Kejriwal during the earlier hearing. Reuters[/caption] AAP leaders characterised the case as a fight between the ‘common man’ and ‘the corrupt politician’ who wants to silence those who raise their voice against corruption. AAP leader Gopal Rai said they would wait for the court’s order before launching their public campaign. “We will put our legal case forward…this is not an ordinary case. If such orders are given, it will weaken the fight of those fighting against corruption and strengthen the corrupt. On Friday evening, we will hold a meeting of all our volunteers to discuss the court’s order. And if necessary we will launch a campaign in Delhi to explain to people why we didn’t furnish the bail bond and we will run a pol khol campaign to expose Nitin Gadkari.” AAP members also pointed out that in the four previous criminal defamation cases – including the Sheila Dikshit case filed by Pawan Khera – Kejrwal’s written undertaking to be present at the hearings had been accepted by the judges in the same district court and no insistence on bail bonds had been made. Kejriwal’s arrest came on a day when he had publicly apologised to Delhi’s voters for quitting as CM and had announced that his party would start preparations for assembly elections. Taking on the new Modi-led government that is yet to be sworn in, AAP leader Sanjay Singh said, “The way our peaceful protest on Wednesday was thwarted, the manner in which we were lathi-charged, our supporters beaten – is this a signal that the government has changed, that now the authoritarianism of the police will start, now lathis and goonda gardi will start and now people will be threatened with jail terms? AAP and its workers are not afraid of authoritarianism of the police, its lathis and jail terms. We will only strengthen our campaign.” The party, however, denied that it was in election campaign mode. “Where is the election? There is no announcement of an election?” said Ashutosh, AAP spokesperson. Responding to whether Kejriwal’s arrest had come as a political opportunity for AAP that it was now exploiting to attack the BJP with, Ashutosh said,“This is the stand we have been taking for the last one-and-a-half years. It is the court’s decision that has changed. How can you say that AAP has turned it into a political issue?”