BIBHAV KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner has sought Declaration of his arrest by the respondent, as illegal being in violation of the provisions of Sec. 41 of Cr.P.C., 1973 and payment of compensation for his illegal arrest, by way of present Petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C., 1973).

(2.) The petition pertains to an unfortunate incident of 13/5/2024 when at about 09:00 A.M., Ms. Swati Maliwal, Member of Parliament from New Delhi from Aam Aadmi Party came to the residence of Hon'ble Chief Minister at Civil Lines, Delhi for a meeting to which an objection was taken by the Security Officer on the ground that there was no prior appointment fixed as per the record. The respondent No.2, however, insisted on entering into the Chief Minister's residence and forcibly entered the Chief Minister's residence. According to the Petitioner, she also allegedly threatened the Security Officer that being a Member of Rajya Sabha, she has the powers to get him terminated or sent back on track, if he would not allow her to enter the Chief Minister's residence. She also claimed that she would file a complaint making allegations of having been physically assaulted and her modesty outraged. The Security Officer concerned about the security of Hon'ble Chief Minister, informed the Petitioner about this entry of respondent No.2, who reached there at about 09:20 A.M. and requested her not to take law into her hand and refrain from extending threats, despite which she rushed towards him with an intent to physically assault him and also abused him as under:

(3.) The entire incident happened in the presence of the Security Officers who were present throughout the day and was also recorded in the CCTV cameras.