Bibhav Kumar, a close aide to Delhi Chief Minister Arvind Kejriwal, has moved the Delhi High Court challenging his arrest in connection with the alleged assault on AAP MP Swati Maliwal. In his petition, Kumar seeks a declaration that his arrest was illegal and a violation of the provisions outlined in Section 41A of the Code of Criminal Procedure. He argues that his arrest was contrary to the mandates of the law.
Kumar has also sought ‘appropriate compensation’ for his ‘illegal’ arrest and the initiation of departmental action against the erring officials who were involved in the decision-making process of his arrest. On Monday, Kumar’s bail plea was dismissed by a sessions court, which observed that there appeared to be no ‘pre-meditation’ on Maliwal’s part in lodging the FIR and that her allegations could not be ‘swiped away’.
Rajya Sabha MP Swati Maliwal has accused Bibhav Kumar of assaulting her at the official residence of Chief Minister Arvind Kejriwal on May 13. Kumar was subsequently arrested on May 18, and on the same day, a magisterial court granted the police five days of custody for Kumar, noting that his anticipatory bail plea had become irrelevant due to his arrest. Later, he was remanded to four-day judicial custody the following Friday.
The FIR against Kumar was lodged on May 16, invoking various sections of the IPC, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.
