Notice to police in Swati Maliwal assault case, HC considers Bibhav Kumar’s petition fit for hearing

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The court found the petition maintainable. Justice Swarn Kanta Sharma pronounced the order which was reserved for judgment on May 31. Notice has been issued to Delhi Police. Delhi Police had opposed the issuance of notice on the petition. Initially, senior advocate Sanjay Jain, appearing for Delhi Police, raised preliminary objections to the petition.

The Delhi High Court has issued a notice to the Delhi Police in response to a petition filed by Delhi Chief Minister’s close aide Bibhav Kumar challenging his arrest in the Swati Maliwal assault case. The court found the petition maintainable. Justice Swarn Kanta Sharma pronounced the order which was reserved for judgment on May 31. Notice has been issued to the Delhi Police. The Delhi Police had opposed the issuance of notice on the petition. Initially, senior advocate Sanjay Jain, appearing for the Delhi Police, raised preliminary objections to the petition.

He said the plea was not maintainable as Kumar did not disclose in his plea that he had filed an application before the trial court on the issue of non-compliance of Section 41A of the CrPC which was dismissed. Senior advocate N Hariharan, appearing for Kumar, had said the main prayer in the plea was to declare the arrest illegal and the case involved issue of personal liberty which should not be taken lightly.

He said there was no need to arrest Kumar and he was not even told the grounds for his arrest. He argued that there was no need to arrest Kumar when he himself had voluntarily joined the investigation. Kumar, who has been denied bail twice by the trial court, had said that his arrest by the Delhi Police was illegal and a gross violation of Section 41A of the CrPC.

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