Swati Maliwal 'assault' case: Delhi HC to pass order tomorrow on 'maintainability' of Bibhav Kumar's plea challenging his arrest

HORNBILLTV
June 30,2024 01:37 PM
HORNBILL TV

Highlights

The Delhi High Court is scheduled to pass an order on July 1, 2024, on the maintainability ground of a plea moved by Kejriwal's close aide Bibhav Kumar seeking direction to declare his arrest

New Delhi [India], June 30 (HBTV): The Delhi High Court is scheduled to pass an order on July 1, 2024, on the maintainability ground of a plea moved by Kejriwal's close aide Bibhav Kumar seeking direction to declare his arrest by Delhi Police as illegal.

Bibhav Kumar was arrested by the Delhi Police on May 18, in connection with a FIR registered by Rajya Sabha MP Swati Maliwal assault case.

The bench of Justice Swarna Kanta Sharma after hearing the arguments at length, reserved the order on maintainability ground on May 31, 2024.

Appearing for Bibhav Kumar, Senior Advocate N Hariharan submitted that, I (Bibhav Kumar) put an anticipatory bail, while around 4:00-4:30 it is being heard, I am arrested around 4:15. If the arrest is happening in such a fashion then the court must intervene. My fundamental right to be arrested in such a fashion was exploited and hence, I am here. You flouted the 41A procedure.

However, Senior Advocate Sanjay Jain appeared for Delhi Police and stated that their petition is not maintainable. The accused argued the violation of guidelines of arrest not being followed before the trial court and a separate application was moved for the same on that Magistrate comes to a conclusion that reasons for emergent arrest were mentioned and hence, because, on May 20th an order was passed and is not mentioned here and the same shall be taken seriously.

This order is capable of being revised, he can file a revision application and there is a 90 days period for that...but they have skipped this step and directly approached here, said Sanjay Jain appeared for Delhi Police.

Bibhav through his plea also sought appropriate compensation for his alleged illegal arrest, in deliberate and blatant violation of the provisions of law.

The Departmental Action must be initiated against the unknown erring officials, who were involved in the decision making viz. the arrest of the Petitioner, stated the plea.

Recently Delhi High Court's vacation Judge had sought Delhi Police response over his bail plea challenging trial court order which had dismissed his bail plea. Earlier, the trial court has dismissed Bibhav bail petition and stated that said that the investigation is at an initial stage and influencing of witnesses and tampering with evidence cannot be ruled out.

(ANI) This is a syndicated news feed. HBTV has edited it for free