The Delhi High Court on Monday issued a notice to the Delhi Police in response to a plea from Bibhav Kumar, a close aide of Chief Minister Arvind Kejriwal, challenging the legality of his arrest. Justice Swarna Kanta Sharma’s bench acknowledged the maintainability of Kumar’s plea and scheduled a detailed hearing before the roaster bench.
Kumar was arrested on May 18 in connection with an FIR filed by Rajya Sabha MP Swati Maliwal, alleging assault. The Delhi Police had previously contested the plea’s maintainability. During the May 31 hearing, Justice Sharma reserved the order on this issue.
Senior Advocate N Hariharan, representing Kumar, argued that his client’s fundamental rights were violated by the arrest, which occurred while his anticipatory bail application was being heard. Hariharan emphasized that proper arrest procedures, specifically the 41A notice, were not followed.
Conversely, Senior Advocate Sanjay Jain, appearing for the Delhi Police, maintained that the plea was not maintainable. Jain argued that Kumar could have filed a revision application within the stipulated 90-day period instead of directly approaching the High Court.
Kumar’s plea also seeks compensation for his alleged illegal arrest and calls for departmental action against the officials involved. Previously, the trial court denied Kumar’s bail, citing concerns about the potential for witness tampering and evidence destruction. The court highlighted that the investigation was in its early stages and that the allegations needed to be taken seriously.
The court noted that Kumar was present at the Chief Minister’s residence post-termination of his employment and had allegedly tampered with crucial evidence, including formatting his mobile phone and providing blank CCTV footage from the CM’s office. Additionally, it pointed out that the complainant, Maliwal, had sustained visible injuries corroborated by medical reports and her statement under Section 164 of the Cr.PC.
The High Court’s notice to the police marks a significant development in this high-profile case, reflecting ongoing tensions and legal battles within Delhi’s political landscape.
With inputs from ANI.
