New Delhi: The Delhi High Court on Monday reserved its decision on a plea by Bibhav Kumar, a close aide of Arvind Kejriwal, seeking to declare his arrest by the Delhi Police as illegal. Justice Neena Bansal Krishna reserved the order after hearing arguments from both sides.
Senior Advocate N Hariharan, representing Bibhav Kumar, argued that the FIR was registered three days late and that Kumar was arrested without being served a notice under Section 41A of the CrPC from the Chief Minister's residence. Hariharan emphasized that Kumar was arrested around 4:15 PM, while his anticipatory bail plea was being heard around 4:00-4:30 PM. He contended that the arrest violated Kumar's fundamental rights, as the proper legal procedures were not followed.
"Section 41A mandates that the police issue a notice to the accused before arresting them without a warrant," Hariharan stated. He further explained that there was no urgency in the arrest, as the FIR was registered on the 16th and Kumar was willing to cooperate with the investigation. "On the day the case was registered, all electronic evidence was seized by the investigating officer. There was no necessity to arrest me when I had agreed to cooperate with the investigation," he added.
Senior Advocate and former Additional Solicitor General Sanjay Jain, representing the Delhi Police, argued that the arrest memo provided reasons for the arrest and that Kumar's wife was informed of the arrest. He mentioned that Kumar's lawyer was present to oppose the bail and remand.
Jain pointed out that Kumar's appointment was co-terminus with the Chief Minister and that there was substantial material against him, which led to the termination of his services by the Lieutenant Governor. Jain refuted claims of a hasty arrest, stating that the police could have arrested Kumar in Mumbai but did not. He explained that when the police visited on the 17th, they found certain video recordings missing and Kumar's phone had been formatted, which amounted to tampering with evidence.
The Delhi Police lawyer asserted, "There was positive evidence and material circumstances justifying the arrest. We are doing our duty as custodians." He highlighted that Kumar had formatted his mobile phone, which was seen as an attempt to tamper with evidence.
Bibhav Kumar was arrested on May 18 in connection with an FIR registered by Rajya Sabha MP Swati Maliwal's assault case. Through his plea, Kumar also sought appropriate compensation for his alleged illegal arrest and called for departmental action against the officials involved in the arrest decision.
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