Swati Maliwal Assault Case: Accused Bibhav Kumar Moves Delhi High Court Challenging Arrest

Delhi Chief Minister Arvind Kejriwal's aide Bhibhav Kumar has moved the Delhi High Court challenging his arrest in the alleged Swati Maliwal assault case.

Kumar, who was denied bail by the trial court on May 27, has said that his arrest by the Delhi Police is illegal and in gross violation of Section 41A of CrPC.

Kumar was initially remanded to five days of police custody. He was later remanded to four days of judicial custody. Yesterday, the trial court remanded him to three days of police custody.

In his plea, Kumar has contended that his arrest is 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 has 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