Swati Maliwal Case: Bibhav Kumar Moves Delhi HC Challenging Arrest

Delhi Chief Minister Arvind Kejriwal’s close aide, Bibhav Kumar, on Wednesday, approached the High Court to challenge his arrest in connection with the alleged assault on AAP MP Swati Maliwal at the CM’s residence earlier this month.

‘Illegal Arrest’

In his petition, Bibhav Kumar sought a directive to declare his arrest as illegal and in gross violation of the provisions of Section 41A of the Code of Criminal Procedure (CrPC), arguing it was against the mandate of the law.

He also sought “appropriate compensation” for his “illegal” arrest, as well as the initiation of departmental action against the wrongdoing officials involved in the decision-making process.

On 27th May, Delhi’s Tis Hazari Court has dismissed Kumar’s bail plea, stating that there appeared to be no “pre-meditation” by Maliwal in filing the FIR and that her allegations could not be “swiped away”.

Allegations of Assault

The former DCW (Delhi Commission for Women) chief claims that Kumar assaulted her at the chief minister’s official residence on May 13.
Kumar was arrested on May 18, and a magisterial court ordered him to be held in police custody for five days the same day, citing the fact that his anticipatory bail plea had become infructuous due to his arrest.
He was remanded to four days of judicial custody last Friday (24th May).
The FIR against Bibhav Kumar was filed on May 16 under various Indian Penal Code (IPC) provisions, including criminal intimidation, assault or criminal force on a woman with the intent to disrobe, and attempted culpable homicide.

Read More: Supreme Court, Delhi High Court, States High Court, Other Courts, International