Delhi High Court Reserves Decision on Bibhav Kumar’s Petition Challenging Arrest in Assault Case

The Delhi High Court has reserved its decision on the admissibility of a petition filed by Bibhav Kumar, who was arrested in connection with the assault on Aam Aadmi Party’s Rajya Sabha MP Swati Maliwal. Justice Swarnakanta is hearing the petition challenging Bibhav Kumar’s arrest, while the Delhi Police maintains that the petition is not admissible. The court stated it will first determine the admissibility of the petition.

Bibhav Kumar’s lawyer argued that the arrest was wrongful, stating that nothing had been recovered and the arrest was made without proper inquiry, alleging that the Delhi Police did not follow legal procedures during the arrest. In response, the Delhi Police contended that the reasons for the arrest were detailed in the remand application and that Section 41A of the Code of Criminal Procedure had been followed.

Senior advocate Hariharan, representing Bibhav Kumar, highlighted that the incident occurred on May 13, with an FIR filed on May 16, and Bibhav Kumar was arrested on May 18 despite being willing to cooperate with the investigation. Hariharan argued that the arrest was unnecessary and challenged its legality, asserting that Kumar was arrested without notice and forcibly kept in police custody. The petition also demands compensation for Kumar’s allegedly illegal arrest and calls for a departmental inquiry against the involved policemen.

Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal, approached the Delhi High Court to declare his arrest illegal, citing a gross violation of Section 41A of the Code of Criminal Procedure. The petition also seeks proper compensation for what is described as a deliberate and unlawful arrest.

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According to the FIR lodged against Bibhav Kumar, he allegedly assaulted Swati Maliwal by attacking her chest, stomach, and internal parts of her body. Videos circulating on social media depict Maliwal arguing with security personnel and leaving the Chief Minister’s residence on the day of the alleged assault. Maliwal claimed that on May 13, Kumar brutally attacked her, ignoring her pleas to stop as she was on her periods. She reported experiencing pain in her arms and difficulty walking following the attack. Maliwal alleged that Kumar approached her at the Chief Minister’s residence, shouting, threatening, and abusing her, ultimately dragging her and banging her head on a center table.