The
Delhi High Court on Friday reserved order on the issue of maintainability of a
plea by Chief Minister Arvind Kejriwal's close aide Bibhav Kumar challenging
his arrest in connection with the alleged assault on AAP MP Swati Maliwal at
the CM's residence earlier this month.
The
senior counsel, appearing for the police, opposed issuance of notice on the
petition on the grounds that it was not maintainable.
"Order
reserved on maintainability," Justice Swarana Kanta Sharma said after
hearing the senior lawyers appearing on both the sides.
Kumar,
in his plea, has sought a direction to declare his arrest as illegal and in
gross violation of the provisions of Section 41A (notice of appearance before
police officer) of the Code of Criminal Procedure and against the mandate of
the law.
The
Delhi Police's senior lawyer contended that the objection regarding compliance
with section 41A has already been rejected by the trial court and the
petitioner should, therefore, file a revision against that order instead of
filing a writ petition.
There
is an alternative remedy and the petitioner should exercise that, he said.
The
senior counsel, appearing for Kumar, submitted his arrest was in violation of
his fundamental rights as well as the law.
Stating
that there was no necessity or reasons for the arrest, he argued that liberty
of an individual cannot be taken lightly.
It
was also stated that the petitioner was arrested with an "oblique
motive" while his anticipatory bail was still pending in the trial court
and he even volunteered to cooperate with the investigation.
In
the petition, Kumar has also sought "appropriate compensation" for
his "illegal" arrest and initiation of departmental action against
the erring officials who were involved in the decision making of his arrest.
On
Monday, Kumar's bail plea was dismissed by a sessions court here, which said
there appeared no "pre-meditation" by Maliwal in lodging the FIR and
that her allegations could not be "swiped away".
Rajya
Sabha MP Maliwal has alleged that Kumar assaulted her at the chief minister's
official residence on May 13.
Kumar
was arrested on May 18 and sent to police custody for five days by a
magisterial court, which observed that his anticipatory bail plea had become
infructuous because of his arrest.
The FIR against Kumar
was registered on May 16 under various Indian Penal Code (IPC) provisions,
including those related to criminal intimidation, assault or criminal force on
a woman with the intent to disrobe, and attempt to commit culpable homicide.