The Delhi High Court on Friday reserved the order on maintainability grounds on a plea moved by Kejriwal’s close aide Bibhav Kumar seeking direction to declare his arrest by Delhi Police as illegal. Bibhav Kumar was arrested by the Delhi Police on May 18, in connection with a FIR registered by Rajyasabha MP Swati Maliwal assault case. The bench of Justice Swarna Kanta Sharma after hearing the arguements at length, reserved the order on Maintainability grounds.
Appearing for Bibhav Kumar, Senior Advocate N Hariharan submitted that, “I put an anticipatory bail, while around 4:00-4:30, it is being heard, I am arrested around 4:15. If the arrest is happening in such a fashion then the court must intervene. My fundamental rights were exploited by being arrested in such a fashion and hence, I am here.
You flouted the 41A procedure” However, Senior Advocate Sanjay Jain appeared for Delhi Police and stated that Bibhav’s petition was not maintainable, “The accused argued the violation of guidelines of arrest not being followed before the trial court and a separate application was moved for the same. On that Magistrate concluded that reasons for emergent arrest were mentioned and hence, because, on May 20 an order was passed and is not mentioned here and the same shall be taken seriously.” “This order is capable of being revised, he can file a revision application and there is a 90-day period for that.
..but they have skipped this step and directly approached here,” said.