New Delhi: Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar has filed a petition with the Delhi High Court challenging his arrest in connection with the Swati Maliwal assault case. Kumar is seeking compensation for what he terms his “illegal arrest”.
Kumar’s plea argues that his arrest was conducted in violation of the Supreme Court’s guidelines established in the landmark Arnesh Kumar judgment, which outlines the procedures and conditions under which arrests should be made to prevent unnecessary detentions.
In his petition, Kumar has urged the High Court to declare his arrest unlawful, asserting that the authorities did not adhere to the legal standards mandated by the Supreme Court.
The Arnesh Kumar judgment says that arrests should only be made in cases where it is absolutely necessary and mandates that police officers must provide reasons for arresting an individual in writing.
Kumar contends that his arrest did not meet these criteria and therefore, constitutes a breach of his legal rights.
He has also sought financial compensation for the alleged illegal detention, arguing that it caused him undue distress and damage.
A Delhi court on Monday dismissed the bail plea of Kumar in the case. He is currently in judicial custody.
During the hearing, Maliwal had broken down in the courtroom alleging character assassination and life threats being given to her.
Delhi Police had opposed Kumar’s counsel’s submission that Maliwal went to the CM’s residence with the intent to malign his aide, while his counsel had alleged a three-day delay in filing an FIR.
His counsel had further argued that Bibhav was not present at the CM’s residence and that Maliwal had no appointment. Kumar was arrested on May 18 in connection with the assault on Maliwal on May 13 and produced late at night before a local court which sent him to five days under police custody.
During this period, he was also taken to the CM’s residence where the alleged crime scene was recreated. Kumar was taken to three locations in Mumbai, said police sources privy to the probe.
“Kumar had formatted his phone on one of the locations, which was revealed after technical investigation,” said the source. According to police, he had formatted his phone on May 17, citing a malfunction. Delhi Police registered a case against Kumar after he allegedly assaulted Maliwal at the Chief Minister’s residence.
The FIR at the Civil Lines Police Station includes charges under Sections 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354(B) (assault or use of criminal force to woman with intent to disrobe), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code. (IANS)
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