New Delhi, May 31 The Delhi High Court on Friday reserved its order on the maintainability of the plea by Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar challenging his arrest in the Swati Maliwal assault case.
Senior Advocate Sanjay Jain, representing the Delhi Police, opposed issuing notice on the plea, raising preliminary objections to the petition.
Jain argued before Justice Swarana Kanta Sharma that Kumar's petition was not maintainable because it did not disclose that an application had been filed before the trial court on the issue of non-compliance with Section 41A of the Criminal Procedure Code (CrPC), which was subsequently rejected.
Jain submitted that the trial court had rejected Kumar's application on May 20, and technically, Kumar has 90 days to file a revision against the order under Section 397 of the CrPC.
He said that an alternative remedy was available to Kumar, rendering the current petition unnecessary.
Jain further said that no interim relief was sought in the petition, questioning the urgency of hearing the matter on the last day before the court's summer break.
Kumar is seeking compensation for what he terms his "illegal arrest".
Kumar's plea argues that his arrest was conducted in violation of the Supreme Court's guidelines established in the landmark Arnesh Kumar judgment, which outlines the procedures and conditions under which arrests should be made to prevent unnecessary detentions.
In his petition, Kumar has urged the High Court to declare his arrest unlawful, asserting that the authorities did not adhere to the legal standards mandated by the Supreme Court.
The Arnesh Kumar judgment says that arrests should only be made in cases where it is absolutely necessary and mandates that police officers must provide reasons for arresting an individual in writing.
Kumar contends that his arrest did not meet these criteria and therefore, constitutes a breach of his legal rights.
He has also sought financial compensation for the alleged illegal detention, arguing that it caused him undue distress and damage.
A Delhi court on Monday dismissed the bail plea of Kumar in the case. He is currently in judicial custody. During the hearing, Swati Maliwal broke down in the courtroom alleging character assassination and life threats being given to her.
Delhi Police had opposed Kumar’s counsel’s submission that Maliwal went to the CM’s residence with the intent to malign his aide, while his counsel had alleged a three-day delay in filing an FIR. His counsel had further argued that Bibhav Kumar was not present at the CM’s residence and that Maliwal had no appointment.
Bibhav Kumar was arrested on May 18 in connection with the assault on Swati Maliwal on May 13.
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