Delhi High Court to hear Bibhav Kumar’s plea against arrest in Swati Maliwal assault case, claiming his detention was illegal.
The Delhi High Court has agreed to hear a plea on Friday from Bibhav Kumar, a close aide of Chief Minister Arvind Kejriwal, challenging his arrest for allegedly assaulting AAP Rajya Sabha MP Swati Maliwal earlier this month. Kumar’s petition, which was urgently mentioned before a bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora, is scheduled for a hearing today which is May 31.
Bibhav Kumar, represented by advocate Rajat Bhardwaj, is seeking to have his arrest declared illegal. He argues that his arrest violated Section 41A of the Code of Criminal Procedure and was against legal mandates. Kumar is also requesting compensation for what he describes as his “illegal” arrest and is calling for departmental action against the officials responsible for his detention.
The controversy began when Swati Maliwal accused Kumar of assaulting her at the Chief Minister’s official residence on May 13. Following these allegations, Kumar was arrested on May 18 and subsequently placed in police custody for five days. A magisterial court noted that his anticipatory bail plea was rendered moot by his arrest. On May 16, an FIR was filed against Kumar under several sections of the Indian Penal Code, including criminal intimidation, assault or criminal force on a woman with intent to disrobe, and attempted culpable homicide.
Earlier, on Monday, a sessions court dismissed Kumar’s bail plea, indicating that Maliwal’s allegations appeared to be genuine and not premeditated. Following his initial police custody, Kumar was placed in four-day judicial custody last Friday.
Kumar’s plea to the Delhi High Court includes a demand for his arrest to be overturned, compensation for the alleged wrongful arrest, and disciplinary measures against the officers involved in his detention. The case continues to unfold, with the high court set to deliberate on the matter further on Friday.