Bibhav Kumar’s plea challenging arrest dismissed by Delhi HC

NEW DELHI: The Delhi High Court on Friday refused to interfere with the arrest of Chief Minister Arvind Kejriwal’s close aide Bibhav Kumar by the city police in connection with the alleged assault on AAP MP Swati Maliwal.

Justice Neena Bansal Krishna dismissed the petition by Kumar who challenged his arrest on several grounds, including that Delhi Police acted with an “oblique motive”.

“Petition dismissed,” Justice Krishna said while pronouncing the verdict.

Kumar, currently in judicial custody, allegedly assaulted Maliwal on May 13 at Kejriwal’s official residence. He was arrested on May 18.

In his plea, Kumar had sought a direction to declare his arrest as illegal and in gross violation of the provisions of Section 41A (notice of appearance before police officer) of the Code of Criminal Procedure and against the mandate of the law.

Delhi Police had opposed the petition and submitted that Kumar was not arrested “in haste” and he was taken into custody according to law.

The FIR against Kumar was registered on May 16 under various Indian Penal Code (IPC) provisions, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe, and attempt to commit culpable

homicide.

His bail application was earlier dismissed by the trial court and the high court and is pending before the Supreme Court.

On July 12, the high court denied bail to Kumar, citing his “considerable influence” and lack of grounds for relief.

In his petition, Kumar also sought “appropriate compensation” for his “illegal” arrest and requested departmental action against the officials responsible for the decision.