Assume you witness the following trial. Transcript: Having put his foot in mouth, the accused remains adamant on being ethically upright. His insistence at refusing to seek bail landed him in jail [yet again]. On Friday, when a court reminded the accused that he was expected to act more responsibly, and even attempted to explain a provision mandating that he agree to at least furnishing a personal surety, he remained adamant that he would not do so. The Judge then ordered that the accused remain behind bars for two weeks in the case filed against him by the plaintiff. The accused maintained he would not furnish the bail bond since he was innocent and insisted other courts had let him off without paying the bond. He also said he still couldnt believe that he had been arrested and is, however, unable to understand what his fault was.. Wondering if it was due to legal illiteracy that the accused made such arguments, the Judge questioned: What exactly are your issues with furnishing the bond to get bail? After all, it is an undertaking in the law and a contractual agreement with the court that you will present yourself at every hearing. If other leaders can furnish bond to secure bail, why cant you do the same? To support the accused, his affiliate cited some provision sections and made reference to a higher courts order. The judge interjected to say the court was not bound by those orders and they could approach a higher court. The Judge told the accused that he and his team were probably misinformed. There is a lot of legal illiteracy in this country and there is no shame in accepting if you do not understand some aspect of law. I had called you, thinking you would have re-thought your decision. The law mandates that you can be allowed to leave only if you seek bail either through a bail bond or a personal surety. Doesnt this case sound like an open mockery of our legal framework and a waste of the honble courts time? . . . . . . . [If you have read till the end, and still not understood by now who the accused is, its Arvind Kejriwal (names and references anonymized from an India Today article published earlier today).]
Posted on: Sat, 24 May 2014 18:04:14 +0000
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