The Delhi High Court has reserved its order on a plea filed by Bibhav Kumar, a close aide of Arvind Kejriwal, challenging the legality of his arrest by the Delhi Police. The bench, headed by Justice Neena Bansal Krishna, heard arguments from both sides extensively before deciding to reserve the order.
Senior Advocate N. Hariharan, representing Bibhav Kumar, argued that the arrest was unlawful, citing procedural irregularities under Section 41A of the law, which mandates prior notice before arrest.
He emphasised that Kumar had expressed willingness to cooperate with the investigation and was taken into custody abruptly, allegedly without adherence to due process.
"Incidents surrounding the registration of the FIR and subsequent seizure of electronic evidence indicate no urgency for immediate arrest. Kumar's cooperation was assured, yet he was detained without warning," Hariharan asserted.
Contrarily, Senior Advocate and former Additional Solicitor General Sanjay Jain, representing the Delhi Police, defended the arrest, citing substantial grounds and evidence tampering concerns. Jain highlighted that Kumar's actions, including the alleged formatting of his mobile phone while under investigation, warranted his arrest.
"The arrest was based on concrete evidence and circumstances pointing to potential tampering," Jain stated. "Kumar's presence at critical junctures and actions observed during the investigation necessitated intervention to preserve evidence integrity."
Bibhav Kumar was taken into custody on May 18 in connection with a case stemming from allegations made by Rajya Sabha MP Swati Maliwal. Kumar's plea not only challenges the legality of his arrest but also seeks compensation for what he alleges was an unlawful detention and calls for disciplinary action against responsible officials.
The Delhi High Court's forthcoming decision on Kumar's plea will be pivotal in determining the legal and procedural implications surrounding his arrest, amidst assertions of privacy rights and due process violations.
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