Swati Maliwal Case: Delhi HC Reserves Order on Maintainability of Bibhav Kumar’s Plea against Arrest

The Delhi High Court on Friday reserved order on the issue of 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 CM’s residence earlier this month.

Senior counsel representing the police objected to the issuance of notice on the petition, citing its inadmissibility.

“Decision on admissibility postponed,” remarked Justice Swarana Kanta Sharma, following arguments from both sides’ senior lawyers.

Kumar, in his plea, has requested a declaration of his arrest as unlawful and a blatant violation of the provisions outlined in Section 41A of the Code of Criminal Procedure, contending it goes against the legal mandate.

Police’s Stand

The Delhi Police’s senior lawyer argued that the objection concerning compliance with section 41A had already been dismissed by the trial court, suggesting that the petitioner should pursue a revision against that ruling rather than filing a writ petition.

“There exists an alternative remedy, which the petitioner should pursue,” he asserted.

The senior counsel representing Kumar contended that his arrest infringed upon his fundamental rights and contravened the law. Stressing the lack of necessity or justification for the arrest, he argued that an individual’s liberty should not be taken lightly.

Furthermore, it was asserted that Kumar was apprehended with a hidden agenda, despite his anticipatory bail being pending in the trial court, and his willingness to cooperate with the investigation.

In his petition, Kumar also sought “appropriate compensation” for his “unlawful” arrest and called for disciplinary action against the responsible officials involved in the decision-making process leading to his arrest.

Earlier this week, Kumar’s bail plea was dismissed by a sessions court, which reasoned that there appeared to be no premeditation by Maliwal in filing the FIR, and her allegations could not be disregarded.

Accusations and Arrest

Rajya Sabha MP Maliwal has accused Kumar of assaulting her at the chief minister’s official residence on May 13.

Kumar was taken into custody on May 18 and remanded to police custody for five days by a magisterial court, which noted that his anticipatory bail plea had become moot due to his arrest.

The FIR against Kumar was lodged on May 16 under various sections of the Indian Penal Code, including those related to criminal intimidation, assault, or criminal force against a woman with the intent to disrobe, and attempt to commit culpable homicide.

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