"Everything can't be an exception for this man," the bench remarked.
Kejriwal Monday moved a habeas corpus petition for his immediate release, saying he has been "illegally" sent to judicial custody on a "completely wrong premise of law" by the court's orders of May 21 and May 23. He challenged a trial court order sending him to judicial custody till June 6 after he refused to furnish a personal bond in a defamation case filed by Bharatiya Janata Party leader Nitin Gadkari, now a cabinet minister in Prime Minister Narendra Modi's government.
The high court also issued notice to Gadkari and the Delhi government on the plea and sought their response within three weeks.
The court Tuesday posted the matter for July 31. "Kejriwal has been illegally sent to judicial custody till June 6 for refusing to furnish the bail bond in a case on a private complaint even though it was not mandatory and he was ready to give a written undertaking," the plea said. It said that in at least four different cases, such written undertakings were accepted by courts.