[Swati Maliwal Assault Case] Delhi HC Reserves Order On Bibhav Kumar's Plea Challenging His "Illegal Arrest"

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Senior Advocate N Hariharan, representing Bibhav Kumar, argued that the arrest was conducted unlawfully, without prior notice under section 41A from the Chief Minister’s residence.

[Swati Maliwal Assault Case] Delhi HC Reserves order on Bibhav Kumar's Plea Challenging his "Illegal Arrest" — [Swati Maliwal Assault Case] Delhi HC Reserves order on Bibhav Kumar’s Plea Challenging his “Illegal Arrest”

New Delhi: Today (July 8): The Delhi High Court reserved its decision on a petition filed by Bibhav Kumar, a close aide of Arvind Kejriwal, challenging the legality of his arrest by the Delhi Police.

After extensive arguments from both sides, Justice Neena Bansal Krishna decided to withhold the order.

Senior Advocate N Hariharan, representing Bibhav Kumar, argued that the arrest was conducted unlawfully, without prior notice under section 41A from the Chief Minister’s residence.

He stated,

“I filed for anticipatory bail, which was being heard around 4:00-4:30 PM. I was arrested at 4:15 PM without notice. Such actions violate my fundamental rights.”

Highlighting procedural lapses, Hariharan added,

“Section 41A mandates the police to issue a notice before arresting without a warrant. There was no urgency as the FIR was filed on the 16th and no action was taken until the 18th. I was willing to cooperate with the investigation.”

Senior Advocate and former Additional Solicitor General Sanjay Jain, representing the Delhi Police, defended the arrest, stating that reasons were provided in the arrest memo and subsequent documents. He noted, “Information regarding his arrest was communicated to his wife. There was substantial evidence justifying the arrest.”

“The petitioner’s appointment was co-terminous with that of the Chief Minister. There were grounds for termination by the LG based on available evidence. The arrest was not rushed; had it been so, it would have occurred in Bombay. On the 17th, during a police visit, it was discovered that certain video recordings were missing, the phone was formatted, and leaked video recordings were also absent. These findings led the investigating officer to proceed with the arrest. We reject any portrayal of us as villains,”

the Delhi Police lawyer asserted.

“We uphold our duty as custodians of the law. During the investigation, it was observed that the petitioner took his mobile phone to Bombay and formatted it, which constitutes evidence tampering and an attempt to manipulate evidence,”

the lawyer added.

Kumar, currently in judicial custody, claims he was arrested on May 18 with an “oblique motive” while his anticipatory bail application still pending in the trial court. He argues that his arrest violated his fundamental rights and legal provisions. His petition seeks a declaration of his arrest as illegal, compensation for the “illegal” arrest, and the initiation of departmental action against the officials responsible.

On June 7, the Tis Hazari court denied Kumar’s bail, citing the “grave and serious” nature of the charges and concerns that he could influence witnesses. His first bail plea dismissed on May 27, with the court stating there no apparent “pre-meditation” by Maliwal in filing the FIR and that her allegations could not be “swiped away.”

Bibhav Kumar was arrested on May 18 in connection with an assault case registered by Rajya Sabha MP Swati Maliwal.

The case involving Bibhav Kumar and Swati Maliwal carries significant political implications, given Kumar’s association with Arvind Kejriwal, the Chief Minister of Delhi, and both individuals’ ties to the Aam Aadmi Party (AAP). The denial of bail for Kumar has the potential to impact AAP’s political image and electoral prospects, particularly in the context of upcoming elections or public opinion.

In addition to seeking the declaration of his arrest as illegal, Bibhav Kumar’s petition also requested compensation for damages and disciplinary action against the officials involved in the decision-making process leading to his arrest.

Read Previous Reports On Swati Maliwal