[Swati Maliwal Assault Case] Arvind Kejriwal Aide Bibhav Kumar Moves HC, Asserting His Arrest "Illegal"

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Bibhav Kumar, an aide to Delhi Chief Minister Arvind Kejriwal, has approached the Delhi High Court to challenge his arrest in the Aam Aadmi Party (AAP) MP Swati Maliwal assault case.

[Swati Maliwal Assault Case] Arvind Kejriwal Aide Bibhav Kumar Challenges His Arrest "illegal" — [Swati Maliwal Assault Case] Arvind Kejriwal Aide Bibhav Kumar Challenges His Arrest “illegal”

NEW DELHI: Today (29th May): Bibhav Kumar, a close aide to Delhi Chief Minister Arvind Kejriwal, has taken legal action by approaching the Delhi High Court on Wednesday, seeking to declare his arrest by the Delhi Police as illegal and in violation of Section 41A of the Code of Criminal Procedure.

The plea further requests compensation for his alleged wrongful arrest, citing a deliberate and blatant disregard for legal provisions.

This move by Kumar follows a court decision to remand him to three days of police custody, amid accusations of assaulting AAP Rajya Sabha MP Swati Maliwal. The court emphasized the necessity of custodial interrogation to investigate Kumar’s presence in a room equipped with network video recorders (NVRs) during the alleged assault at the chief minister’s official residence on May 13.

The court’s decision was influenced by Maliwal’s specific allegation that Kumar had recorded the incident on his mobile phone, prompting the investigating agency’s determination to recover the device. Consequently, the court granted the city police’s request for Kumar’s custody, acknowledging its genuine investigative requirements.

Earlier, on Monday, Kumar’s bail plea was dismissed by a sessions court, which highlighted the seriousness of Maliwal’s allegations and the absence of pre-meditation in lodging the FIR. Kumar’s arrest on May 18 led to subsequent periods of police and judicial custody

The FIR against Kumar, registered on May 16, includes charges under various sections of the Indian Penal Code related to criminal intimidation, assault on a woman with the intent to disrobe, and attempt to commit culpable homicide.

Kumar is accused of assaulting Maliwal at the Chief Minister’s residence in New Delhi on May 13. According to Maliwal’s allegations, Kumar used abusive language against her and “brutally assaulted” her, dragging and banging her head on a center table when she was waiting at the CM’s official residence.

The Delhi Police, in its remand report, emphasized the severity of the case, characterizing it as a “serious” incident involving a “brutal assault” that had the potential to result in fatality. Allegations were also made against Kumar, suggesting his lack of cooperation with the investigation.

“This is a very serious case where a Member of Parliament, a public figure, has been brutally assaulted, which could have been fatal. Despite specific questions, the accused has not cooperated in the investigation and has been evasive in his replies,” stated the police in their submission to the court.

On May 24, Kumar was sent to four-day judicial custody. His approach to the high court comes after a Tis Hazari court in Delhi on Monday (May 26) dismissed his bail plea.

The court, while rejecting the bail for Kumar, said that the “allegations raised by the victim have to be taken on their face value and cannot be swiped away” and also noted that the “apprehension of [Kumar] influencing the witnesses or tampering with the evidence cannot be ruled out.”

In his writ petition, Kumar is seeking his release from jail and a departmental inquiry against the Delhi Police officers involved in the case.