[Swati Maliwal Assault Case] Delhi HC Reserves Order On Maintainability Of Bibhav Kumar Plea Against Arrest

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Justice Navin Chawla transferred the case to Justice Swarna Kanta Sharma’s court, which handles cases involving MPs and MLAs. Kumar, accused of assaulting the Rajya Sabha MP at Kejriwal’s residence, moved the High Court, alleging his arrest violated guidelines laid down by the Supreme Court.

[Swati Maliwal assault Case] Delhi HC Reserves Order on Maintainability of Bibhav Kumar Plea Against Arrest

NEW DELHI: Today (May 31st): The Delhi High Court reserved its decision on whether to hear a criminal writ petition filed by Bibhav Kumar, a close aide to Delhi Chief Minister Arvind Kejriwal, against his arrest in a case alleging assault on Member of Parliament Swati Maliwal.

Justice Swarna Kanta Sharma heard preliminary arguments following the Delhi Police’s assertion that Bibhav Kumar had another recourse available: filing a revision plea against the Magistrate’s order, which had dismissed his petition contesting the arrest.

Kumar has sought the declaration of his arrest as illegal and compensation. The court heard preliminary arguments on this matter after the Delhi Police stated that Kumar could have pursued an alternative remedy by filing a revision plea against the Magistrate’s order rejecting his petition challenging the arrest.

Justice Navin Chawla transferred the case to Justice Swarna Kanta Sharma’s court, which handles cases involving MPs and MLAs. Kumar, accused of assaulting the Rajya Sabha MP at Kejriwal’s residence, moved to the High Court, alleging his arrest violated guidelines laid down by the Supreme Court.

Senior Advocate Sanjay Jain, representing the Delhi Police, argued that Kumar’s plea is not maintainable as a similar plea was disposed of by the magistrate court, suggesting he should have approached the Sessions Court.

Jain, representing the other side, argued that

Kumar should have approached the Sessions Court against the order, as there was a similar non-compliance of Section 41A CrPC that was decided by the magistrate court’s order on May 20. Jain said the alternate remedy was available to Kumar to file a revision petition, and if a notice is issued on the writ petition, Jain will be prejudiced at many levels. Jain also argued that there is no urgency shown in why Kumar filed the petition at this stage.

Hariharan, representing Kumar, countered Jain’s arguments.

Hariharan said their main prayer is to declare Kumar’s arrest illegal, as there has been a violation of his Article 21 rights (right to life and personal liberty). Hariharan argued that in a case where nothing was to be recovered, the FIR was registered on May 16 and the arrest was made on May 18, which suggests an “oblique motive.”. Hariharan also stated that Kumar had written to the investigating officer that he was ready to join the investigation, yet he was still arrested.

In response, Senior Advocate N Hariharan, representing Kumar, emphasized that their main prayer was to declare the arrest illegal, citing a violation of Article 21 of the Indian Constitution. Hariharan highlighted the circumstances of the arrest, including Kumar’s offer to join the investigation and his subsequent arrest without proper documentation.

Kumar was previously denied bail by Delhi’s Tis Hazari Court and was arrested on May 18, remanded to police custody for five days, and then sent to judicial custody on May 24.

Background

Swati Maliwal, a prominent figure within the Aam Aadmi Party (AAP), took a step by lodging a First Information Report (FIR) against Bibhav Kumar, an aide to Delhi Chief Minister Arvind Kejriwal.

According to Maliwal’s testimony, the incident was marked by a series of violent acts. She alleged that Kumar subjected her to “at least seven to eight” slaps while she “continued screaming” in distress. Furthermore, she recounted being “brutally dragged” and “kicked” in sensitive areas like her “chest, stomach, and pelvis.” These disclosures have incited outrage and calls for accountability within political spheres.

In response to these accusations, AAP MP Swati Maliwal expressed her distress during an interview.

She conveyed-

“Cheer haran mera uss ghar mein hua aur Charitra Haran mera roz chalaya ja raha hai (My reputation was marred within those premises, and my character continues to be maligned daily).”

Her statement emphasized the deep-seated impact of the incident on both her personal and professional spheres. Maliwal’s narrative illuminates the wider ramifications of such violent acts, extending beyond their immediate physical consequences.

However, amidst the turmoil, accusations flew from both sides. Atishi, another AAP leader, raised doubts about Maliwal’s account, accusing her of “lying” and insinuating a conspiracy orchestrated by the Bhartiya Janata Party (BJP). These counter-allegations further complicate an already convoluted situation, highlighting the contentious nature of political rivalries.

Adding another layer to the controversy, Bibhav Kumar responded by filing a written complaint against Swati Maliwal. In his complaint, Kumar refuted the allegations leveled against him and instead placed the blame on Maliwal for “creating an incorrect narrative.”