The Delhi High Court has reserved its order on the maintainability plea filed by Arvind Kejriwal’s aide Bibhav Kumar on Friday.
Through his plea, Bibhav Kumar challenged his arrest regarding Swati Maliwal’s assault case at CM’s house in the previous month.
Further, he has also asked for directions to declare its arrest illegal, emphasizing, it is a violation of section 41A provisions under code of criminal procedure.
But, Police’s lawyer has opposed the petitioner’s plea on the grounds, that it’s not maintainable.
Later, the senior counsel also asserted, that the objection regarding section 41A (notice of appearance before police officer) has already been dismissed by the trial court. Thus, contending that petitioner should file revision order against the verdict rather than a writ petition.
However, bibhav kumar’s lawyer emphasized, that his arrest violates fundamental rights of an individual and is against the law.
Furthermore, Kumar’s counsel argued, that there was neither reason nor necessity for the arrest, emphasizing that an individual’s liberty cannot be taken lightly.
In the petition, kumar also stated, that he was arrested with an “oblique motive”, even though his anticipatory bail is still pending in trial court.
He has also asked for “appropriate compensation” for his illegal arrest and actions against those officials, who were involved in the decision-making of the arrest.
Later, after hearing both the sides, Justice Swarna Kanta Sharma, reserved the order, saying “Order reserved on maintainability.”
Earlier on Monday, kumar’s bail plea was rejected by sessions court, asserting there was no ‘pre meditation’ in swati maliwal to register an FIR and her allegations could not be ignored.
On May 18, Arvind Kejriwal’s aide, Bibhav Kumar, was arrested and subsequently remanded to five days of police custody by a magisterial court, which noted that his anticipatory bail had become ineffective due to his arrest.