Breaking: Delhi High Court Upholds Bibhav Kumar's Arrest In Alleged AAP MP Swati Maliwal Assault Case

The Delhi High Court on Friday upheld the arrest of Chief Minister's close aide Bibhav Kumar in the alleged AAP MP Swati Maliwal assault case.

Justice Neena Bansal Krishna rejected the plea filed by Kumar.

Kumar was denied bail by the trial court twice. His bail plea was also rejected by the Delhi High Court last month, observing that his arrest by the Delhi Police is illegal and in gross violation of Section 41A of CrPC.

In his plea, Kumar had contended that his arrest was violative of the Supreme Court rulings in Arnesh Kumar v. State of Bihar and Amandeep Singh Johar v. State of NCT of Delhi. Furthermore, Kumar has sought compensation for his “illegal arrest”.

He had also sought Departmental Action in terms of the law laid down in Arnesh Kumar v. State of Bihar, against the erring officials, who were involved in the decision making of his arrest.

The FIR was registered on the written complaint of Aam Aadmi Party's Rajya Sabha MP Swati Maliwal. Kumar was arrested on May 18. The Delhi Police alleged that Kumar has always been non-co-operative during investigation and gave evasive answers to the questions.

It was also alleged that he deliberately did not disclose the password of his mobile phone, which is an important piece of information in the probe to unearth the truth.

Maliwal alleged that Kumar assaulted her when she went to meet Kejriwal at his residence on May 13.

Title: Bibhav Kumar v. State

Citation: 2024 LiveLaw (Del) 872