New Delhi: The Delhi High Court on Friday transferred the plea of Delhi Chief Minister Arvind Kejriwal’s aide, Bibhav Kumar, challenging his arrest in connection with the Swati Maliwal assault case.
Justice Navin Chawla redirected Kumar’s petition to the roster bench handling cases involving Members of Parliament and Members of Legislative Assemblies (MP/MLAs). The judge instructed that the matter be heard by the judge assigned to MP/MLA affairs, citing the complainant’s status as a Rajya Sabha member.
Justice Swarana Kanta Sharma, designated as the roster judge for criminal cases involving current and former MPs/MLAs, is expected to adjudicate on the issue later today.
Kumar seeks redress for what he terms his “illegal arrest.”
His plea argues that his arrest was conducted in violation of the guidelines laid down by the Supreme Court in the landmark Arnesh Kumar judgment, which outlines protocols for arrests to prevent unwarranted detentions.
In his petition, Kumar urges the High Court to declare his arrest unlawful, asserting that the authorities did not adhere to the legal standards mandated by the Supreme Court.
The Arnesh Kumar judgment stipulates that arrests should only occur when absolutely necessary and mandates that police officers provide written justification for detaining an individual.
Kumar contends that his arrest did not meet these criteria, thus violating his legal rights.
He also seeks financial compensation for the alleged unlawful detention, citing undue distress and harm caused.
Earlier this week, a Delhi court rejected Kumar’s bail plea, and he remains in judicial custody.
During the proceedings, Maliwal broke down in court, alleging character assassination and threats to her life.
Delhi Police contested claims by Kumar’s counsel that Maliwal visited the CM’s residence with the intent to defame his aide, noting a delay in filing the FIR.
Kumar’s counsel argued that he was not present at the CM’s residence and that Maliwal had no appointment.
Kumar was arrested on May 18 for his alleged involvement in the assault on Maliwal on May 13 and was subsequently presented before a local court late at night, which remanded him to five days of police custody.
