The Delhi High Court has dismissed a plea from Bibhav Kumar, a close aide to Delhi Chief Minister Arvind Kejriwal, challenging his recent arrest by the Delhi Police. The court's decision, issued by Justice Neena Bansal Krishna, came after Kumar argued that his arrest was unlawful.
Kumar's legal team, led by senior advocate N. Hariharan, argued that the police had delayed registering the FIR for three days and had arrested Kumar without properly notifying him as required by law.
They claimed that Section 41A of the Criminal Procedure Code, which mandates that a notice should be given to a person before their arrest if they are not involved in a serious offence, was ignored.
Hariharan highlighted that Kumar was arrested on May 18, a day after the FIR was filed. He contended that Kumar had expressed his willingness to cooperate with the investigation and was thus unfairly targeted. His legal team emphasised that there was no immediate need for arrest since the police had already seized all relevant electronic evidence.
On the other hand, Senior Advocate Sanjay Jain, representing the Delhi Police, defended the arrest. Jain argued that the arrest was justified and not conducted in haste. He claimed that evidence showed Kumar had tampered with electronic devices, which justified the police action. Jain also noted that Kumar had been informed about his arrest and that his lawyer had been present during the bail and remand hearings.
Kumar was taken into custody in connection with an ongoing investigation into the assault case involving Rajya Sabha MP Swati Maliwal. His plea also requested compensation for the alleged unlawful arrest and called for departmental action against the officials involved.
The court's decision to dismiss Kumar’s plea underscores the legal complexities involved in high-profile cases and highlights the ongoing tensions surrounding legal procedures and law enforcement actions.
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