Delhi Police Opposes Arvind Kejriwal Aide Bibhav Kumar’s Plea Against Arrest in High Court
New Delhi: On Monday, July 8, the Delhi Police opposed a plea in the Delhi High Court by Bibhav Kumar, Chief Minister Arvind Kejriwal’s aide, challenging his arrest in connection with the alleged assault on AAP MP Swati Maliwal.
The police maintained that Kumar’s arrest was not conducted “in haste” and that their actions were legally sound. Kumar’s counsel argued that his arrest was illegal, citing a delay in filing the FIR and noting that Kumar was detained on May 18, the day he offered to voluntarily join the investigation.
Justice Neena Bansal Krishna, after hearing arguments from both sides, reserved the order. Kumar’s counsel asserted that he was taken into custody illegally from the chief minister’s residence without prior notice.
The Delhi Police’s counsel countered that this was not Kumar’s first criminal case, mentioning a prior FIR filed against him by the Noida police. The counsel further accused Kumar of tampering with evidence by formatting his mobile phone and stressed that such actions could hinder future investigations.
Kumar, currently in judicial custody, is accused of assaulting AAP Rajya Sabha member Maliwal at Kejriwal’s official residence on May 13. He was arrested on May 18, with the FIR registered on May 16 under various IPC provisions including criminal intimidation, destruction of evidence, assault or criminal force on a woman with intent to disrobe, and attempt to commit culpable homicide.
In his plea, Kumar sought to have his arrest declared illegal, claiming it violated Section 41A of the Code of Criminal Procedure and was an infringement of his fundamental rights. He argued that his arrest was motivated by ulterior motives while his anticipatory bail plea was still pending in the trial court.
Kumar also requested appropriate compensation for his “illegal” arrest and called for departmental action against the officials responsible for his detention. The Tis Hazari court had previously refused bail to Kumar on June 7, citing the severity of the charges and the potential for him to influence witnesses. His initial bail plea was dismissed on May 27, with the court noting that Maliwal’s allegations appeared credible and not premeditated.
