The Delhi High Court has rejected Vibhav Kumar’s petition challenging his arrest for allegedly assaulting Swati Maliwal, an Aam Aadmi Party’s Rajya Sabha MP and former Chairperson of the Delhi Women’s Commission. Police arrested Kumar and charged him with the assault. Kumar, now in police custody, claimed his arrest was illegal and demanded compensation.
Kumar’s lawyer argued that the investigating officer should have evaluated whether the arrest was necessary. He cited the Arnesh Kumar decision, which requires recording the basis for an arrest in writing. The lawyer stated that police did not inform Kumar of the reasons for his arrest, violating Section 41 A of the Criminal Procedure Code.
Vibhav Kumar calls the arrest unnecessary
Senior advocate Sanjay Jain, representing Delhi Police, countered that Vibhav Kumar’s petition was inadmissible. He argued that police documented the reasons for Kumar’s arrest. The trial court, after reviewing Kumar’s arguments, concluded that the arrest was justified.
The incident occurred on May 13 at Chief Minister Arvind Kejriwal’s official residence. After recording Maliwal’s statement, Delhi Police registered an FIR on May 16 and arrested Kumar on May 18. Kumar filed a separate application in the trial court, claiming that the arrest guidelines were not followed. However, the magistrate found that the reasons for the arrest were properly documented.
Kumar sought bail through his petition. Stating that his arrest was illegal and that he was forcibly detained. He also demanded compensation for the alleged illegal detention. The Tis Hazari court refused to grant Kumar bail on June 7, citing the seriousness of the charges and the possibility of him influencing witnesses. Another sessions court had previously rejected his bail plea on May 27.
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