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