In the latest development in the Swati Maliwal assault case, the Delhi High Court has reserved its order on the plea filed by Bibhav Kumar. Arvind Kejriwal’s PA had filled a Plea saying his arrest held no constitutional ground.
The Delhi High Court on Friday reserved an order on the maintainability of Kumar’ Plea.
Senior Attorney Sanjay Jain opposed notice on the plea and raised objections to the petition on behalf of the Delhi Police.
Kumar’s plea was unmaintainable due to its failure to reveal that a request had been made to the trial court regarding the violation of Section 41A of the CrPC and the request had been denied, Jain argued.
Kuma’s plea argues that his arrest violated the Supreme Court guidelines. It was a reference to SC guidelines established in the landmark Arnesh Kumar Judgement. The guideline outlines the procedures and conditions under which arrests should be made to prevent unnecessary detentions.
The petition requested HC to declare the arrest unlawful as the authority did not adhere to the standards of SC.
The landmark Arnesh Kumar Judgement asserts that arrest should only occur when deemed mandatory. The guideline makes it necessary for police personnel to provide the reason for arrest in writing.
Kumar asserts that this is a breach of legal rights as it does not meet legal criteria. He has also sought compensation citing that the process has caused him undue distress and damage. However, the Delhi High Court on Monday dismissed his plea. Kumar is currently in judicial custody.
On May 18, authorities took Bibhav Kumar into custody for assaulting Swati Maliwal on May 13.
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