The courtroom action to secure Kejriwal's release started before the high court bench of justices Kailash Gambhir and Sunita Gupta around 11am, and ended in the court of metropolitan magistrate Gomati Manocha at 5.15pm when his counsel told her that the AAP leader had signed the personal bond and was ready to file it. Kejriwal walked out of Tihar Jail around 7.30pm.
During the high court hearing held in a jam-packed courtroom, the bench advised senior counsel Shanti Bhushan and advocate Prashant Bhushan, who appeared for Kejriwal, to ask him to furnish a bond and raise other legal issues after coming out. Advising Kejriwal not to make it a "prestige issue", the bench allowed his lawyers to meet and apprise him about its suggestion to furnish a bail bond which would be subject to the final outcome of the legal issues raised by him. When Kejriwal's lawyers replied that they would like to meet him in jail, the hearing was postponed till 3pm.
At 3 pm, Prashant Bhushan told the bench, "He (Kejriwal) has agreed", adding that the ex-CM had signed a bond of Rs 10,000. He showed Kejriwal's handwritten note to the bench, which directed that the bond be presented before the magistrate concerned on Tuesday itself.
Kejriwal's lawyers rushed to the Patiala House courts where advocate Rahul Mehra informed the court of metropolitan magistrate Gomati Manocha that their writ petition was pending before the high court and Kejriwal had agreed to file the bond. The magistrate accepted the bond and ordered Kejriwal's immediate release.
Meanwhile, the high court issued notices to Gadkari and the Delhi government seeking their responses on Kejriwal's plea for his immediate release on the ground that his detention is illegal. Senior advocate Pinky Anand, appearing for Gadkari, objected that the writ of habeas corpus is not maintainable because Kejriwal is not illegally detained but in jail because of a situation he has created.
The high court fixed the matter for final disposal on July 31 when it will hear arguments on the maintainability of Kejriwal's plea.
Kejriwal was sent to judicial custody by the metropolitan magistrate on May 21 for two days. On May 23, his custody was extended by 14 days till June 6 after he refused to furnish a bail bond when he was granted bail in the case. The magistrate had refused to review her May 21 order remanding Kejriwal in judicial custody for not furnishing a bail bond and had asked him to approach the higher court to challenge the decision.
Kejriwal was summoned as an accused in the defamation case on February 28. On May 21, the court had granted him bail, saying the offence under Section 500 of IPC (dealing with defamation) was bailable and had asked him to furnish a personal bond.
The Aam Aadmi Party leader was taken into custody after he refused to give the bail bond, saying the case was politically motivated and he did not wish to seek bail. Instead, he had offered to give an undertaking to appear in court whenever required.
toi.reporter@timesgroup.com
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