The Delhi High Court 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 on Monday. Justice Swarna Kanta Sharma's bench confirmed the maintainability of Kumar's plea and scheduled a detailed hearing before the roaster bench.
Legal battle over arrest procedures
Kumar was arrested on May 18 following an FIR filed by Swati Maliwal, alleging assault. The Delhi Police had previously contested the maintainability of Kumar's plea. During the May 31 hearing, Justice Sharma reserved the order on this issue.
Senior Advocate N Hariharan, representing Kumar, argued that Kumar’s fundamental rights were violated, citing improper arrest procedures, specifically the lack of a 41A notice. Conversely, Senior Advocate Sanjay Jain, representing the Delhi Police, argued that the plea was not maintainable and suggested that Kumar should have filed a revision application within the 90-day period instead of approaching the High Court directly.
Call for compensation and accountability
Kumar's plea also seeks compensation for his alleged illegal arrest and calls for departmental action against the officials involved. The trial court had previously denied Kumar's bail, citing concerns about potential witness tampering and evidence destruction. The court emphasized that the investigation was in its early stages and the allegations were serious.
Allegations of evidence tampering
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, the complainant, Maliwal, had visible injuries corroborated by medical reports and her statement under Section 164 of the Cr.PC.
Significant development in high-profile case
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.
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