Swati Maliwal 'assault' case: Delhi HC reserves order on Bibhav Kumar's plea challenging his arrest
Delhi High Court on Monday reserved the order on a plea by Arvind Kejriwal's close aide Bibhav Kumar seeking direction to declare his arrest by Delhi Police as illegal.
The bench of Justice Neena Bansal Krishna after hearing both sides at length decided to reserve the order.
Appearing for Bibhav, Senior Advocate N Hariharan submitted that the FIR was registered after a delay of three days.
«He's picked up illegally without being served notice u/s 41A from CM's residence. I (Bibhav Kumar) put an anticipatory bail plea, 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,» the Advocate said.
«Section 41A mandates police to issue notice to the person accused of committing an offence before arrest without a warrant. There no urgency of arrest and till 18th he did not move. 16th, the FIR was registered. He was picked up at a time when Kumar apprised them that he was ready to cooperate with the investigation. Police picked him up at 12 and till 4:15 there was no news of arrest. On the day when they registered the case, the IO seized all the electronic evidence and the entire record. In the interregnum 16/17th--- the forensics team...How can I tamper with the evidence on 18th? There was no necessity to arrest me when I had agreed to cooperate with the investigation,» he added.
Senior Advocate and former
