Delhi High Court to Decide on Bibhav Kumar’s Arrest in Swati Maliwal Case
The Delhi High Court will pass an order on July 1, 2024, regarding the plea by Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal, seeking to declare his arrest by Delhi Police as illegal. Kumar was arrested on May 18 in connection with an FIR filed by Rajya Sabha MP Swati Maliwal in an assault case.
Justice Swarna Kanta Sharma reserved the order on May 31, 2024, after hearing arguments. Senior Advocate N Hariharan, representing Kumar, argued that Kumar’s arrest violated his fundamental rights and did not follow proper procedures. However, Senior Advocate Sanjay Jain, representing Delhi Police, stated that the petition is not maintainable and that proper arrest guidelines were followed.
Kumar’s plea also seeks compensation for his alleged illegal arrest and departmental action against the officials involved. The trial court had earlier dismissed Kumar’s bail plea, citing the initial stage of the investigation and the potential for witness tampering and evidence destruction.
The court noted that the complainant, Swati Maliwal, was medically examined, and her statement corroborated the injuries reported. The court also mentioned that Kumar did not cooperate with the investigation and had formatted his mobile phone, which hindered the investigation.
The complainant’s counsel argued that Maliwal, a sitting MP of the Aam Aadmi Party, was not a trespasser and that Kumar was present at the CM’s office without authority. The court will decide on the maintainability of Kumar’s plea on July 1, 2024.
