Delhi HC Dismisses Plea Challenging Aide's Arrest as Illegal

The Delhi High Court dismissed a plea by Bibhav Kumar, a close aide of Delhi CM Arvind Kejriwal, seeking to declare his arrest by Delhi Police as illegal. Kumar argued for anticipatory bail and compensation for alleged illegal arrest, citing procedural violations, but the court was unconvinced.

The Delhi High Court on Friday dismissed a plea by Bibhav Kumar, a close aide of Chief Minister Arvind Kejriwal, seeking to declare his arrest by Delhi Police as illegal. Justice Neena Bansal Krishna's bench passed the judgment.

Senior advocate N Hariharan, representing Kumar, argued that the FIR was registered after a delay of three days. He claimed Kumar was illegally detained without notice under Section 41A from the CM's residence. Hariharan stated, "Bibhav Kumar applied for anticipatory bail, and while the hearing was ongoing, he was abruptly arrested." Kumar contended his fundamental rights were violated.

Section 41A mandates police to issue a notice to accused individuals before arresting them without a warrant. Hariharan argued there was no urgency for Kumar's arrest and that he had expressed willingness to cooperate with the investigation. Despite this, Kumar was detained for hours without clear communication. Senior advocate Sanjay Jain for Delhi Police argued that proper procedures were followed and the arrest was justified. Jain noted discrepancies in electronic evidence that necessitated Kumar's arrest, countering claims of undue haste. Kumar was arrested on May 18 in relation to an FIR filed by Rajya Sabha MP Swati Maliwal. The plea sought compensation for alleged illegal arrest, urging departmental action against officials involved.