The Delhi High Court on Friday reserved its orders on the maintainability of the plea moved by Chief Minister Arvind Kejriwal’s close aide Bibhav Kumar against his arrest for allegedly assaulting AAP Rajya Sabha MP Swati Maliwal earlier this month. A single judge bench of Justice Swarana Kanta Sharma, after hearing arguments from Kumar and the police said, “Order reserved on the maintainability of the petition”. At the outset, the Delhi police opposed the maintainability and issuance of notice on Kumar’s plea .
Advertisement “I would request to defer issuance of notice because the petition is not maintainable. This petition is predicated on the issue of non-compliance of Section 41A CrPC. What they have not filed is the order which has been passed rejecting their 41A.
..they had moved an application to that effect.
It was decided by an order of May 20. Technically speaking, they have 90 days time to file revision against the order under Section 397. There is an alternative remedy available to them.
If notice is issued in this writ petition, I would be prejudiced,” senior advocate Sanjay Jain appearing for the Delhi Police said. Don't miss | Who is Bibhav Kumar, Kejriwal’s aide at the centre of Swati Maliwal row Jain said that there was “no interim relief” prayed for in the plea and there was “no urgency in the matter” as to why it was brought before the High Court on the last day (before court breaks for summer vacation). Bibhav Kumar, in his plea has sou.
