New Delhi: The Delhi High Court on Friday reserved its order on the maintainability of Chief Minister Arvind Kejriwal's close aide Vibha Kumar's plea against her in the case of alleged attack on AAP's M Swati Maliwal at the chief minister's residence earlier this month. The arrest was challenged.
Senior counsel appearing for the police opposed issuing notice on the petition on the ground that it was not maintainable.
"The order on maintainability has been reserved," Justice Swarn Kanta Sharma said after hearing senior lawyers appearing for both the sides.
Kumar, in his plea, has sought a direction to declare his arrest illegal in gross violation of the provisions of Section 41A of the Code of Criminal Procedure (notice of appearance to police officer) and against the mandate of law.
Senior counsel for Delhi Police argued that the objection regarding compliance of Section 41A has already been rejected by the trial court and hence the petitioner should file a revision against that order instead of filing a writ petition.He said, there is an alternative remedy and the petitioner should use it.
Senior lawyer appearing for Kumar said that his arrest is a violation of his fundamental rights as well as the law.
Stating that there was no need or reason for the arrest, he argued that a person's freedom cannot be taken lightly.
It was also said that the petitioner was arrested with "ulterior motive while his anticipatory bail was still pending in the trial court and he had voluntarily expressed his willingness to cooperate in the investigation.
In the petition, Kumar has also sought "appropriate compensation" for his "illegal" arrest and initiation of departmental action against the erring officers involved in taking the decision of his arrest.On Monday, Kumar's bail plea was rejected by a sessions court here, which said there was no "pre-meditation" by Maliwal in filing the FIR and his allegations could not be "dismissed". .
Rajya Sabha MP Maliwal has alleged that Kumar assaulted him at the Chief Minister's official residence on May 13.
Kumar was arrested on May 18 and remanded to police custody for five days by the magistrate court, which found that his anticipatory bail plea had become infructuous due to his arrest.
An FIR was registered against Kumar on May 16 under various Indian Penal Code (IPC) provisions, including criminal intimidation, assault with criminal force with intent to disarm a woman and attempt to commit culpable homicide.
Senior counsel appearing for the police opposed issuing notice on the petition on the ground that it was not maintainable.
"The order on maintainability has been reserved," Justice Swarn Kanta Sharma said after hearing senior lawyers appearing for both the sides.
Kumar, in his plea, has sought a direction to declare his arrest illegal in gross violation of the provisions of Section 41A of the Code of Criminal Procedure (notice of appearance to police officer) and against the mandate of law.
Senior counsel for Delhi Police argued that the objection regarding compliance of Section 41A has already been rejected by the trial court and hence the petitioner should file a revision against that order instead of filing a writ petition.He said, there is an alternative remedy and the petitioner should use it.
Senior lawyer appearing for Kumar said that his arrest is a violation of his fundamental rights as well as the law.
Stating that there was no need or reason for the arrest, he argued that a person's freedom cannot be taken lightly.
It was also said that the petitioner was arrested with "ulterior motive while his anticipatory bail was still pending in the trial court and he had voluntarily expressed his willingness to cooperate in the investigation.
In the petition, Kumar has also sought "appropriate compensation" for his "illegal" arrest and initiation of departmental action against the erring officers involved in taking the decision of his arrest.On Monday, Kumar's bail plea was rejected by a sessions court here, which said there was no "pre-meditation" by Maliwal in filing the FIR and his allegations could not be "dismissed". .
Rajya Sabha MP Maliwal has alleged that Kumar assaulted him at the Chief Minister's official residence on May 13.
Kumar was arrested on May 18 and remanded to police custody for five days by the magistrate court, which found that his anticipatory bail plea had become infructuous due to his arrest.
An FIR was registered against Kumar on May 16 under various Indian Penal Code (IPC) provisions, including criminal intimidation, assault with criminal force with intent to disarm a woman and attempt to commit culpable homicide.
