The Delhi High Court set to pass an order on Bibhav Kumar’s plea tomorrow. Kumar, arrested by Delhi Police on May 18 in connection with the FIR registered by Rajya Sabha MP Swati Maliwal in an assault case, seeks compensation for his alleged illegal arrest. He claims the arrest was in deliberate and blatant violation of legal provisions.
New Delhi: The Delhi High Court scheduled to deliver its verdict on Monday regarding the maintainability of a plea by Bibhav Kumar, a close aide to Chief Minister Arvind Kejriwal, challenging his arrest in connection with the alleged assault on AAP MP Swati Maliwal at the Chief Minister’s residence.
Justice Swarana Kanta Sharma reserved the order on May 31 after hearing arguments from both Kumar’s counsel and the Delhi Police’s legal representatives.
Kumar, who currently in judicial custody, is accused of assaulting Maliwal on May 13 at Kejriwal’s official residence and subsequently arrested on May 18.
The senior counsel representing the police argued against issuing a notice on Kumar’s petition, asserting that it was not maintainable. In his plea, Kumar seeks a declaration that his arrest illegal and in gross violation of Section 41A of the Code of Criminal Procedure, which mandates a notice of appearance before a police officer. He contends that his arrest contravenes legal provisions and the mandate of the law.
Kumar, currently in judicial custody, claims he was arrested on May 18 with an “oblique motive” while his anticipatory bail application still pending in the trial court. He argues that his arrest violated his fundamental rights and legal provisions. His petition seeks a declaration of his arrest as illegal, compensation for the “illegal” arrest, and the initiation of departmental action against the officials responsible.
On June 7, the Tis Hazari court denied Kumar’s bail, citing the “grave and serious” nature of the charges and concerns that he could influence witnesses. His first bail plea dismissed on May 27, with the court stating there no apparent “pre-meditation” by Maliwal in filing the FIR and that her allegations could not be “swiped away.”
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Kumar’s bail plea is now pending in the high court. The FIR against him was registered on May 16 under various IPC provisions, including criminal intimidation, assault or criminal force with intent to disrobe a woman, and attempt to commit culpable homicide.
Kumar arrested on May 18 by the Delhi Police following a complaint lodged by Swati Maliwal on May 16, regarding an alleged assault incident that occurred on May 13. Recently, the Tis Hazari Court in Delhi rejected Kumar’s regular bail plea, citing threats to the victim, Swati Maliwal, and concerns about the accused potentially influencing witnesses.
The case involving Bibhav Kumar and Swati Maliwal carries significant political implications, given Kumar’s association with Arvind Kejriwal, the Chief Minister of Delhi, and both individuals’ ties to the Aam Aadmi Party (AAP).