Swati Maliwal case: Bibhav Kumar moves Delhi High Court challenging his arrest

Bibhav Kumar, Delhi Chief Minister Arvind Kejriwal’s aide has approached the Delhi High Court challenging his arrest in the alleged Swati Maliwal assault case.

He was denied bail by the trial court on May 27. He said that his arrest by the Delhi Police is illegal and in gross violation of Section 41A of CrPC. He was initially remanded to five days of police custody, and was later remanded to four days of judicial custody. The trial court on Wednesday remanded him to three days of police custody.

Bibhav Kumar in his plea 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. He has also sought compensation for his illegal arrest.

Additionally, he 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.

Reportedly, the FIR was lodged on the written complaint of Aam Aadmi Party’s Rajya Sabha MP Swati Maliwal. Bibhav 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.

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

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