Countering Jain’s arguments, Senior Advocate N Hariharan – who appeared for Kumar – said that their main prayer is to declare the arrest illegal as there has been violation of his Article 21 of the Constitution of India.
“In the case of this nature, where nothing was to be recovered, a case where the entire matter was placed before the Station House Officer (SHO) on May 13, the FIR gets registered on 16 May and on 18 May, the arrest is affected. How is arrest done? It is with oblique motive. I filed for anticipatory bail. I started my arguments at 4PM and at 4:15PM, I am arrested. The arrest is affected without arrest memo or grounds of arrest,” Hariharan submitted.
The Court was also told that Kumar had himself written to the Investigating Officer (IO) that he is ready to join the investigation and yet he was arrested.
Source: Barandbench
