Saturday, May 24, 2014

Re: [IAC#RG] [hc] Re: Fwd: Arvind Kejriwal in jail!

Vasant Ji, Please educate me, under what circumstances a defamation case should become a crime,  instead of being a tortious liability. Is Gadhkari seeking an apology or compensation or his arrest. The defamation case itself has not yet started when would Kejriwal would be required to produce his evidence based on which he made the defamatory statement.

 I do not know where you got the information that the jail is due to non attendance of the court. He duly attended along with his lawyer, Prashant Bhushan et el. . The judge asked him to sign a personal (bail)  bond for Rs10,000  which he refused. The judge very patiently explained to him everything about the procedure but he just refused. The Court then decided that he be detained in the Tihar Jail for two days. After two days, the question of the bond arose again and he again refused. This time the court decided on a longer detention period i.e. 14 days. Devinder
From: vasant sardesai <vasant_sardesai@yahoo.co.in>
To: "devinder.thakur@btopenworld.com" <devinder.thakur@btopenworld.com>; "hinducivilization@yahoogroups.com" <hinducivilization@yahoogroups.com>; "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>; "stop-corruption-worldwide@googlegroups.com" <stop-corruption-worldwide@googlegroups.com>
Sent: Saturday, May 24, 2014 4:35 PM
Subject: Re: [IAC#RG] [hc] Re: Fwd: Arvind Kejriwal in jail!
Devinderji,
There can also be a criminal defamation case; but I think here the issue is quite different; How did the question of bail arise and he was asked to sign the bond? The bond was for getting him bail and has got nothing to do with the merits of the case.
Ofcourse all his thie drama is to get him some publicity as he finds that now-a-day he is being ignored by the media and his name does not appear on the first page.
 
V. S.Sardesai
From: "devinder.thakur@btopenworld.com" <devinder.thakur@btopenworld.com>
To: vasant sardesai <vasant_sardesai@yahoo.co.in>; "hinducivilization@yahoogroups.com" <hinducivilization@yahoogroups.com>; "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>; "stop-corruption-worldwide@googlegroups.com" <stop-corruption-worldwide@googlegroups.com>
Sent: Saturday, 24 May 2014 7:57 PM
Subject: Re: [IAC#RG] [hc] Re: Fwd: Arvind Kejriwal in jail!
Vasant Ji, He was sent to jail initially for two days for not agreeing to file a surety bond for Rs.10,000.as he considered that the case should have been treated as political posturing rather than criminal defamation. Defamation is a civil suit and not a criminal offence. The court took a different view and sent him to prison instead. On the expiry of original period of two days in detention, he was approached again but he still refused so he is now going to spend another 14 days in police custody. The court has also suggested that he appeal against the courts action which I think he will have to do. to get out of the detention. 

The case will come up for hearing where he will have to provide evidence supporting his charge of dishonesty or apologise. In the meantime, he is hoping that there might be some political mileage to be gained by staying in prison and get public sympathy.   Devinder
From: vasant sardesai <vasant_sardesai@yahoo.co.in>
To: "hinducivilization@yahoogroups.com" <hinducivilization@yahoogroups.com>; "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>; "stop-corruption-worldwide@googlegroups.com" <stop-corruption-worldwide@googlegroups.com>
Sent: Friday, May 23, 2014 4:15 PM
Subject: Re: [IAC#RG] [hc] Re: Fwd: Arvind Kejriwal in jail!
I think there is some misunderstanding; he was not jailed simply for calling a prosperous politician corrupt. The defamation case filed by Gadkari is yet to be heard and decided. He was jailed for not attending the court in spite of agreeing to be present.
 
V.S.Sardesai 

From: "Satya D hitaya123@gmail.com [hinducivilization]" <hinducivilization@yahoogroups.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>; "stop-corruption-worldwide@googlegroups.com" <stop-corruption-worldwide@googlegroups.com>
Sent: Friday, 23 May 2014 8:34 PM
Subject: [hc] Re: [IAC#RG] Fwd: Arvind Kejriwal in jail!
 
I agree with Nalapat ji.  This is not about Arvind Kejriwal, this is about Indian democracy.   There is no reason to jail him for what he said.   In defamation against public persons, they can always call a press conference and refute it publicly.  That is the US law and I understand the same with Indian law.
On Fri, May 23, 2014 at 12:24 AM, Madhav Nalapat <mdnalapat@gmail.com> wrote:
It is unfortunate that the (colonial-era) laws are such that an
individual can get sent to jail simply for calling a prosperous
politician corrupt. Whatever one's views on Arvind Kejriwal,his
incarceration will have a chilling effect on freedom of expression.The
Indian media,as is its won't,has chased the "lizard's tail" of Arvind
refusing to post a bail bond,while missing out on the "lizard" viz a
magistrate jailing an individual for what in more robust democracies
passes off as fair comment about political leaders

Madhav


On 5/22/14, Shaila S <shaila62@gmail.com> wrote:
> arvind kejriwal is a fraud

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Regards, Satya
#evmindia,  #satyad
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Posted by: Satya D <hitaya123@gmail.com>
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