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Swati Maliwal assault case: Delhi High Court seeks police's stand on Kejriwal aide Bibhav Kumar's plea against arrest

Justice Swarana Kanta Sharma, who had on May 31 reserved the order on the maintainability of Kumar's petition, issued a notice in the matter.
Last Updated : 01 July 2024, 15:15 IST

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New Delhi: The Delhi High Court on Monday held as maintainable a plea moved by Chief Minister Arvind Kejriwal's close aide Bibhav Kumar, challenging his arrest in connection with the alleged assault on AAP MP Swati Maliwal at the chief minister's residence and sought the stand of the city police on it.

Justice Swarana Kanta Sharma, who had on May 31 reserved the order on the maintainability of Kumar's petition, issued a notice in the matter.

A copy of the detailed order is awaited.

Kumar, presently in judicial custody, allegedly assaulted Maliwal at Kejriwal's official residence on May 13. He was arrested on May 18.

Meanwhile, another bench of Justice Anoop Kumar Mendiratta granted time to Maliwal's counsel on Monday to file a reply to Kumar's bail plea and listed it for hearing on July 8.

The FIR against Kumar was registered on May 16 under various Indian Penal Code (IPC) provisions, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.

The senior counsel appearing for the police opposed even the issuance of a notice on the petition challenging the arrest on the ground that it was not maintainable.

Kumar, in his plea, has sought a direction to declare his arrest as illegal and in gross violation of the provisions of section 41A (notice of appearance before police officer) of the Code of Criminal Procedure and against the mandate of the law.

He has claimed he was arrested with an "oblique motive" while his anticipatory bail plea was pending in the trial court, in violation of his fundamental rights as well as the law.

In the petition, Kumar has also sought "appropriate compensation" for his "illegal" arrest and initiation of departmental action against the erring officials involved in the decision making of his arrest.

The Tis Hazari court had, on June 7, refused to grant bail to Kumar, saying he was facing "grave and serious" charges and that there was an apprehension that he could influence witnesses.

Kumar's first bail plea was dismissed on May 27 by another sessions court, which said there appeared to be no "pre-meditation" on Maliwal's part in getting the FIR lodged and that her allegations could not be "swiped away".

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Published 01 July 2024, 15:15 IST

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