Kejriwal was summoned as an accused by the court in the defamation complaint in which Gadkari had alleged that he was defamed by the AAP leader, who had included his name in the party's list of "India's most corrupt". After the court pronounced its order, Kejriwal was taken into lock up inside the court premises amid tight security and later taken to Tihar Jail. The magistrate, in her three-page order, also observed that the procedure of courts cannot be "thrown to the winds" at the whims and fancies of the litigants. "The court cannot act as a mute spectator when a particular litigant intentionally seeks to violate the procedure established by law. This case cannot be dealt with any differently than any other criminal cases where the courts insist on furnishing bail bond/personal bond to secure the presence of the accused persons.

"The accused in the present case cannot seek differential treatment to be let off only on an oral undertaking in violation/divergence to the settled practice/procedure regarding bail," the court said. The court, in its order, also said that this was not a case where the accused is unable to furnish bail bond due to financial inability. "The accused is just adamant to not furnish bail bond or even a personal bond for his appearance before the court," it said. The court reserved its order in the morning after hearing arguments from the counsel for Kejriwal and Gadkari on the issue of filing of undertaking and not furnishing bond to secure bail. Kejriwal said he was ready to give an undertaking that he will appear before the court but refused to furnish bail bond to secure bail. The former Delhi Chief Minister, who also argued in the court, told the judge that he has not committed any heinous crime and added that he was not looking for any exceptional treatment.