Delhi High Court Reserves Order on Bibhav Kumar’s Plea Against Arrest in Swati Maliwal Assault Case
New Delhi: The Delhi High Court on Friday reserved its order on the plea filed by Delhi Chief Minister Arvind Kejriwal’s aide, Bibhav Kumar, challenging his arrest in the Swati Maliwal assault case.
Senior Advocate Sanjay Jain, representing the Delhi Police, objected to issuing notice on the plea, citing preliminary objections to the petition.
Jain argued before Justice Swarana Kanta Sharma that Kumar’s petition lacked maintainability as it did not disclose the filing of an application before the trial court regarding non-compliance with Section 41A of the Criminal Procedure Code (CrPC), which was subsequently rejected on May 20.
Highlighting the availability of an alternative remedy, Jain noted that Kumar has 90 days to file a revision against the trial court’s order under Section 397 of the CrPC, making the current petition unnecessary.
Jain also pointed out that Kumar did not seek interim relief in the petition, questioning the urgency of hearing the matter on the last day before the court’s summer break.
Kumar seeks compensation for what he alleges to be his “illegal arrest”.
His plea argues that his arrest violated the Supreme Court’s guidelines established in the Arnesh Kumar judgment, which prescribe stringent conditions for arrests to prevent unjustified detentions.
In his petition, Kumar urges the High Court to declare his arrest unlawful, asserting that it did not adhere to the legal standards mandated by the Supreme Court, including the requirement for police to justify arrests in writing.
He also seeks financial compensation for the alleged illegal detention, claiming it caused him significant distress and harm.
On Monday, a Delhi court dismissed Kumar’s bail plea in the case, and he remains in judicial custody. During the hearing, Swati Maliwal emotionally expressed allegations of character assassination and threats to her life in the courtroom.
The Delhi Police contested claims by Kumar’s counsel that Maliwal visited the CM’s residence with malicious intent, while Kumar’s counsel argued a delayed filing of the FIR and asserted Kumar’s absence from the residence during the incident.
Bibhav Kumar was arrested on May 18 in connection with the assault on Swati Maliwal that occurred on May 13.
