HomeNationalDelhi CM's aide Bibhav Kumar challenges arrest in Swati Maliwal assault case

Delhi CM’s aide Bibhav Kumar challenges arrest in Swati Maliwal assault case

New Delhi, May 29 (IANS) Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar has filed a petition with the Delhi High Court challenging his arrest in connection with the Swati Maliwal assault case.

Kumar is seeking compensation for what he terms his “illegal arrest”.

Kumar’s plea argues that his arrest was conducted in violation of the Supreme Court’s guidelines established in the landmark Arnesh Kumar judgment, which outlines the procedures and conditions under which arrests should be made to prevent unnecessary detentions.

In his petition, Kumar has urged the High Court to declare his arrest unlawful, asserting that the authorities did not adhere to the legal standards mandated by the Supreme Court.

The Arnesh Kumar judgment says that arrests should only be made in cases where it is absolutely necessary and mandates that police officers must provide reasons for arresting an individual in writing.

Kumar contends that his arrest did not meet these criteria and therefore, constitutes a breach of his legal rights.

He has also sought financial compensation for the alleged illegal detention, arguing that it caused him undue distress and damage.

A Delhi court on Monday dismissed the bail plea of Kumar in the case. He is currently in judicial custody.

During the hearing, Maliwal had broken down in the courtroom alleging character assassination and life threats being given to her.

Delhi Police had opposed Kumar’s counsel’s submission that Maliwal went to the CM’s residence with the intent to malign his aide, while his counsel had alleged a three-day delay in filing an FIR.

His counsel had further argued that Bibhav was not present at the CM’s residence and that Maliwal had no appointment.

Kumar was arrested on May 18 in connection with the assault on Maliwal on May 13 and produced late at night before a local court which sent him to five days under police custody.

During this period, he was also taken to the CM’s residence where the alleged crime scene was recreated.

Kumar was taken to three locations in Mumbai, said police sources privy to the probe.

“Kumar had formatted his phone on one of the locations, which was revealed after technical investigation,” said the source.

According to police, he had formatted his phone on May 17, citing a malfunction.

Delhi Police registered a case against Kumar after he allegedly assaulted Maliwal at the Chief Minister’s residence.

The FIR at the Civil Lines Police Station includes charges under Sections 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354(B) (assault or use of criminal force to woman with intent to disrobe), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code.

–IANS

spr/rad

Go to Source

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

For any legal details or query please visit original source link given with news or click on Go to Source.

Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.

If you are not willing to accept this disclaimer then we recommend reading news post in its original language.

RELATED ARTICLES
- Advertisment -

Most Popular