Swati Maliwal assault case: Delhi HC to rule on maintainability of Bibhav Kumar's plea against arrest

Bhibav Kumar was arrested in Swati Maliwal assault case on May 18/ PTI

The Delhi High Court will rule on the maintainability of a petition filed by Bibhav Kumar, a close aide to Delhi Chief Minister Arvind Kejriwal, challenging his detention by the Delhi Police. The court order will be issued on July 1, 2024. Bibhav Kumar was arrested on May 18 in connection with an FIR filed in the Swati Maliwal assault case. After hearing extensive arguments, Justice Swarna Kanta Sharma delayed her decision on the maintainability of Kumar's case until May 31, 2024, reported ANI.

Kumar's lawyer, Senior Advocate N Hariharan, said that Kumar was arrested unlawfully while his anticipatory bail request was being heard, infringing on his fundamental rights. Hariharan claimed that the arrest violated the 41A procedure, requiring court involvement.

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Senior Advocate Sanjay Jain, representing the Delhi Police, argued that the case was not maintainable. He contended that the claimed infringement of arrest guidelines had already been handled by the trial court, which determined that there were valid reasons for the immediate arrest in Swati Maliwal assault case. Jain argued that Kumar should have filed a revision application within 90 days rather than going directly to the High Court.

Kumar's petition also seeks reasonable restitution for his alleged wrongful arrest and requests departmental action against the officers involved.

Recently, a Delhi High Court vacation judge requested the Delhi Police's answer to Kumar's bail plea, which challenges the trial court's refusal of his bail application. The trial court denied Kumar's bail plea in Swati Maliwal assault case, citing worries about witness manipulation and evidence destruction.

The trial court stated that the inquiry is still in its early stages and that the charges made by the victim, Swati Maliwal, must be considered seriously. It further revealed that Kumar had formatted his phone and refused to divulge the password, and CCTV video from the Chief Minister's camp office was determined to be blank.

Swati Maliwal, the complainant, underwent a medical examination on May 16, 2024, and her statement under Section 164 of the CrPC supported both her complaint and the medical report. The court emphasised that Kumar did not help with the inquiry and was arrested to prevent tampering with critical evidence.

During the hearing, the complainant's counsel contended that Maliwal, as a sitting Aam Aadmi Party MP, had a lawful purpose to be at the Chief Minister's office and was not trespassing. In contrast, Kumar's presence at the office, despite his termination, created concerns.

The court noted that no one from the Chief Minister's office reported the incident to the police, and Maliwal lodged the allegation on the spot. A medical test carried out four days after the Swati Maliwal assault case verified the severity of her injuries.