Swati Maliwal assault case: HC seeks cops’ stand on Bibhav’s petition against arrest

NEW DELHI: Delhi High Court on Monday sought the stand of police on a plea by chief minister Arvind Kejriwal’s close aide, Bibhav Kumar, challenging his arrest in connection with the alleged assault on AAP Rajya Sabha member Swati Maliwal at CM’s residence.
Justice Swarana Kanta Sharma held that Kumar’s plea was “maintainable” and issued the notice. Kumar, currently in judicial custody, allegedly assaulted Maliwal on May 13 and was arrested on May 18.
An FIR was was registered against Kumar on May 16 under various Indian Penal Code provisions, including criminal intimidation, assault or criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.
Delhi Police had claimed that the plea was not maintainable. Kumar has sought a direction to declare his arrest as illegal and in gross violation of Section 41A (notice of appearance before police officer) of Code of Criminal Procedure and against the mandate of the law. He has claimed that he was arrested with an “oblique motive” while his anticipatory bail plea was pending in the trial court, in violation of his fundamental rights as well as the law.
In the petition, Kumar has also sought “appropriate compensation” for his “illegal” arrest and initiation of departmental action against the erring officials involved in the decision-making of his arrest.
The trial court had, on June 7, refused to grant bail to Kumar, saying he was facing “grave and serious” charges and that there was an apprehension that he could influence the witnesses.
Kumar’s first bail plea was dismissed on May 27 by another sessions court, which had said there appeared to be no “pre-meditation” on Maliwal’s part in getting the FIR lodged and that her allegations could not be ignored.