NEW DELHI: AAP today termed the decision of the court to send Arvind Kejriwal to jail as "erroneous" and said there was no provision in the law, which makes it mandatory for a defendant in a defamation case to furnish a bail bond when he is willimg to remain present for hearing.
"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," the party said in a statement.
"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," the statement said, adding that the party stood firm behind its leader in its "fight against corruption".
The party said that there were at least four cases in which courts have accepted undertakings given by Kejriwal which were of similar nature and did not insist on a bail bond.
The AAP chief has been sent to judicial custody for two days for failing to pay a bail bond of Rs 10,000 in a 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.
"In defamation cases filed by Pavan Khera and 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," the party added.
"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 said.
The party also took a dig at Gadkari for filing a defamation suit merely on political statements. "It is very surprising that Gadkari had then chosen to remain quiet despite all documents about his Purti group of industries and other deals were exposed by the AAP.
"He has now filed a defamation case merely on a political statement that the AAP will put up candidates against all corrupt leaders including Gadkari," the statement added.