Hello friends, An interesting case has come up in the Delhi High Court, in which the Delhi Police has challenged the trial court’s order directing Bibhav Kumar to give a list of documents that the police did not use in framing charges. Bibhav Kumar, who has been an aide to former Delhi Chief Minister Arvind Kejriwal, is an accused in the alleged attack on Rajya Sabha MP Swati Maliwal. The legal battle over this case has now reached an interesting turn.
What happened in the court?
The Delhi Police had earlier challenged this decision of the trial court in the sessions court, but on January 29, they did not get relief there either. After this, the police knocked on the door of the Delhi High Court. Government lawyer Sanjay Lao, appearing on behalf of the police, argued that the decision of the trial court and the sessions court in this case is against the legal principles. He said that the Supreme Court is already considering a major legal debate in this case, in which it is to be decided whether an accused can be given a list of documents on which the police did not rely. In such a situation, the High Court should stop hearing the case for the time being and wait for the decision of the Supreme Court.
What does the judge say?
Justice Vikas Mahajan, who is hearing the case, made an important comment on this. He said that the court will have to take a decision based on the current legal situation, and not sit in anticipation of when the Supreme Court will give its decision. He said, “Sometimes the Supreme Court can take a long time to decide on an issue. In such a situation, we have to proceed based on the existing law.” Apart from this, the court also clarified that the CBI manual cannot be above the Code of Criminal Procedure (CrPC). That is, the same legal process will apply to both Delhi Police and CBI.
What will happen next?
The Delhi High Court has directed the Delhi Police to submit a brief note regarding their arguments and legal precedents. The next hearing of this case will be on March 11, 2024. Now everyone’s eyes will be on what decision the court gives next. This case is not just a legal battle, but also a big question related to transparency and rights in the judicial process. Should the accused get information about the documents that were not used by the police? This debate will continue and the Supreme Court’s decision on this in the coming times can determine the direction of many cases.
Disclaimer: This article is written for information purposes only. The information given in this is based on public sources and is not intended to provide any kind of legal advice. It is necessary to take expert advice on any legal matter.
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