The Delhi High Court has considered the petition filed by Vibhav Kumar fit for hearing. Arvind Kejriwal’s aide is arrested on charges of assaulting Aam Aadmi Party’s Rajya Sabha MP and former Delhi Women’s Commission President Swati Maliwal. The court has issued a notice to Delhi Police and sought a reply. The Delhi High Court has deferred the hearing on the bail petition filed by Vibhav.
The court said that the bail hearing will be held after the order on the petition challenging Vibhav’s arrest. While the HC has given time to complainant Swati Maliwal to file a reply. The court is scheduled to hold the next hearing on July 8. In the last hearing, the lawyer appearing on behalf of Vibhav Kumar argued that in this case, the investigating officer should have seen whether the arrest was required or not. He had said that the arrest could be challenged on the basis of Arnesh Kumar’s decision. Vibhav’s lawyer had said that the basis and reason for the arrest were not told to the accused before the arrest. The basis of arrest will have to be recorded in writing. petitioner’s lawyer further maintained that provisions of Section 41 A of the Criminal Procedure Code have been violated.
Also Read: Major Setback To K. Kavitha As Delhi HC Rejects Bail Plea
Arvind Kejriwal’s aide demands compensation for his illegal arrest
Demanding compensation, Vibhav Kumar has termed his arrest as illegal. It has been said that Section 41 A of the Criminal Procedure Code has not been followed during arrest.
Vibhav Kumar is currently in police custody. The incident took place on May 13 leading to the registration of an FIR on May 16 after recording the statement of Swati Maliwal. However, senior advocate Sanjay Jain, appearing for Delhi Police, had said that his petition is not admissible for hearing.
The accused argued before the trial court about not following the arrest guidelines and a separate application was filed for this, on which the magistrate came to the conclusion that the reasons for the accidental arrest were mentioned and therefore an order was given on May 20.
Notably, Vibhav Kumar has filed a petition in the Delhi High Court challenging his arrest in the case. In the petition, Vibhav Kumar has sought bail and said that my arrest is illegal. Vibhav alleged that he had been forcibly kept in police custody. He has also demanded compensation for being forcibly kept in custody.
Vibhav Kumar, Arvind Kejriwal’s aide, is accused of attacking Maliwal at Chief Minister Kejriwal’s official residence on May 13. He was arrested on May 18. Earlier, the Tis Hazari Court had refused to grant bail to Kumar on June 7.
In its order, the Court said that the allegations against him were serious. There is a fear that he may influence the witnesses. Vibhav Kumar’s first bail plea was rejected by another sessions court on May 27.
