Swati Maliwal assault case: HC dismisses Bibhav Kumar's plea challenging arrest

In his plea, Kumar had 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.

The Delhi High Court on Friday refused to interfere with the arrest of Chief Minister Arvind Kejriwal's close aide Bibhav Kumar by the city police in connection with the alleged assault on AAP MP Swati Maliwal.

Justice Neena Bansal Krishna dismissed the petition by Kumar who challenged his arrest on several grounds, including that Delhi Police acted with an ''oblique motive''.

''Petition dismissed,'' Justice Krishna said while pronouncing the verdict.

Kumar, currently in judicial custody, allegedly assaulted Maliwal on May 13 at Kejriwal's official residence. He was arrested on May 18. In his plea, Kumar had 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. Delhi Police had opposed the petition and submitted that Kumar was not arrested ''in haste'' and he was taken into custody according to law. 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. His bail application was earlier dismissed by the trial court and the high court and is pending before the Supreme Court.

On July 12, the high court had denied bail to Kumar, saying he enjoys ''considerable influence'' and no ground to grant him the relief was made out.

In the petition against the arrest, Kumar had 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.