The Delhi High Court on August 2, dismissed a plea moved by Arvind Kejriwal’s close aide Bibhav Kumar seeking direction to declare his arrest by Delhi Police as illegal. The bench of Justice Neena Bansal Krishna today passed the Judgement and decided to dismiss it.
Appearing for Bibhav, senior advocate N Hariharan submitted that FIR was registered after a delay of three days. He was picked up illegally without being served notice under section 41A from CM’s residence.
“I (Bibhav Kumar) 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 right to be arrested in such a fashion was exploited and hence, I am here. You flouted the 41A procedure,” the plea said.
“Section 41A mandates police to issue notice to the person accused of committing an offence before arrest without a warrant. There was no urgency of arrest & till the 18th he did not move. On the 16th the FIR was registered. He was picked up at a time when Kumar apprised them that he was ready to cooperate with the investigation. Police picked him up at 12 and till 4:15 there was no news of arrest. On the day when they registered the case, the Investigating Officer (IO) seized all the electronic evidence & the entire record. How can I tamper with the evidence on the 18th? There was no necessity to arrest when I had agreed to cooperate with the investigation,” it added.
Senior Advocate and former Additional Solicitor General, Sanjay Jain for Delhi Police had submitted that the arrest memo contained the reasons for arrest but even grounds of arrest in the remand application were supplied to him. Information regarding his arrest was given to his wife. The accused’s lawyer was there to oppose the bail and remand. The appointment of the petitioner was a co-terminus with the CM. There was material against him based on which the LG terminated his services.
“He was not arrested in haste. Had he been arrested in haste, the police would’ve arrested him in Bombay. When the police went on to the site on the 17th he was there. On 17th, police had visited & officer of additional DCP found on 17th that certain video recording was missing, telephone was formatted, video recording leaked to the media was also missing,” Sanjay Jain submitted.
He also mentioned that based on this investigation, the officer decided to arrest him. Portraying as we are some villain. We are custodians & we are doing our duty. When he was being investigated it was seen that he had taken his mobile phone in Bombay & formatted his mobile phone & this amounted to tampering with evidence and a case of attempting tampering with the evidence.
“There was positive evidence available and there were material circumstances pointing out towards the justifiably of arrest,” the lawyer added. Bibhav Kumar was arrested by the Delhi Police on May 18, in connection with a FIR registered by Rajya Sabha MP Swati Maliwal assault case.
Bibhav through his plea also sought appropriate compensation for his alleged illegal arrest, in deliberate and blatant violation of the provisions of law. The Departmental Action must be initiated against the unknown erring officials, who were involved in the decision making viz. the arrest of the Petitioner, stated the plea, the plea added.
(with inputs from ANI)
