The court, which on Friday (August 2) dismissed Bibhav Kumar's petition that claimed his arrest was illegal, said in its written judgment that there was no merit in his plea. Kumar, currently in judicial custody, allegedly assaulted Maliwal at Kejriwal's official residence on May 13. He was arrested by the Delhi Police on May 18 (Saturday).
Bibhav Kumar's plea
In his plea, Kumar had 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 (CrPC) and against the mandate of the law.
Justice Neena Bansal Krishna, in the judgment released on Saturday (August 3), observed that after the arrest, the trial court heard Kumar as well as the State before allowing police custody for five days and also noted that while the law gave discretion to the investigating officer to not arrest a person during the investigation, in the present circumstances, there existed sufficient grounds of arrest of the accused petitioner without notice.
The court said an individual has the right to liberty as enshrined in Article 21 of the Constitution and the law has been designed to ensure that such liberty is not violated, except by due process of law.
"The facts, as detailed, clearly establish that the arrest was necessary in the given circumstances and has been made in strict compliance of section 41 of CrPC, 1973 by following the principles and guidelines as time and again laid down and emphasised by the apex court in the judgments. In view of the foregoing discussion, there is no merit in the present petition, which is hereby dismissed," the court said.
It noted that according to the police, the CCTV footage was found to be blank and Kumar was evasive and non-cooperative during his interrogation.
It added that while dismissing Kumar's bail plea, another high court bench had also referred to suppression of crucial evidence as only selective CCTV footage was handed over and the mobile phone was reformatted by the accused, which reflected an effort to conceal vital evidence as message was alleged to have been forwarded by the complainant, Swati Maliwal, to the petitioner through WhatsApp on reaching the Chief Minister's Office (CMO).
Criminal case pending against Bibhav Kumar's in Noida
The court said a copy of the remand application was made available to Kumar before the trial court after his arrest, to which he had also filed a reply, and there are criminal antecedents since there is a criminal case pending against him in Uttar Pradesh's Noida.
In the remand application, the court noted, the police had alleged that in spite of his termination from the post of private secretary to the chief minister by the competent authority, Kumar was found to continue to work on the premises and was unable to give any answer to explain his authority under which he continued to work.
Delhi High Court denies bail to Bibhav Kumar
His bail application was earlier dismissed by the trial court and the high court and is pending before the Supreme Court. The high court denied bail to Kumar on July 12, saying he enjoys considerable influence and no ground to grant him the relief was made out.
In the petition against his illegal arrest, Kumar had also sought appropriate compensation and initiation of departmental action against the erring officials. The Delhi Police had opposed the petition and submitted that Kumar was not arrested in haste and was taken into custody according to law.
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