We need some facts, and without beating around the bush: 1. is Kejriwal charged with criminal defamation? 2. Does Kejriwal’s statement about Nitin Gadkari being corrupt constitute prima facie evidence (till his claim is proved in the court) for criminal defamation? 3. In such cases is it within the courts purview to ask the respondent to furnish bail in such cases?
If the answer to three questions is yes, Kejriwal is violating the judicial norms and should be in the jail. If the answer is NO, the court is being unjust with Kejriwal. So what are the answers to these questions? We need to think is we are ready to accept that respondents are not needed to furnish bail; whoever they might be and whosoever might be the defamed, think of you and me and every one as a petitioner and respondent.
Kejriwal’s cleverly drafted letter does not answer these questions. Fight against corruption has to be fought within legal framework of the country. If the framework is wrong it has to be fought differently and at other forums. Kejriwal’s argument that other courts allowed him to go free on the basis of muchalka, does not mean that becomes his right. This court thinks differently, and may be within its powers in thinking differently. There are too many examples of brow beating the courts and it’s summons in our country. There are non-bailable warrants pending against religious leaders and other people who have power to disrupt law and order and go free through threats. Kejriwal, if he is a real reformer, should not add to that list.
Comparing Kejriwal with Gandhi is plain wrong. Gandhi declared the British Raj illegitimate. Does Kejriwal declare Indian government illegitimate? He is doing politics of remaining in public mind, if the answer to my three Qs is yes; and banking on public gullibility as usual. His politics has always been unreliable, irresponsible and self-centred. If the public accepts this style of politics and gets on this bandwagon in a major way, his today’s supporters will be dealing with a dictator in 15-20 years. He is equivalent in politics what Nirmal Babas are in religion.