New Delhi: The Delhi High Court on Friday dismissed a plea filed by Bibhav Kumar, an aide of Delhi Chief Minister Arvind Kejriwal, challenging his arrest in connection with alleged assault on Aam Aadmi Party (AAP) Rajya Sabha Member of Parliament (MP) Swati Maliwal
Justice Neena Bansal Krishna, who had earlier reserved the verdict after hearing submissions, dismissed Kumar’s plea challenging his arrest in the case.
Kumar, who is currently lodged in judicial custody, is accused of assaulting AAP MP Maliwal at official residence of Delhi Chief Minister Arvind Kejriwal on May 13 when she had gone to meet the chief minister.
What did Kumar seek?
Kumar sought a direction from the High Court to declare his arrest in the assault case as illegal. He also sought “appropriate compensation” for his “illegal” arrest in the alleged assault case and initiation of departmental action against the erring officials who were part of the decision making of his arrest.
The Delhi Police opposed Kumar’s plea before the High Court, submitting that he was not arrested in haste and his arrest in the case was as per the law.
Supreme Court on Thursday expressed shock at his action of assaulting Maliwal
Kumar recently moved the Supreme Court seeking grant of bail in the case. The top court, while hearing his plea on Thursday, expressed its shock at his action of assaulting Maliwal. A three-judge top court bench, headed by Justice Surya Kant, said, “Look at the allegations against him, she is crying in her physical condition. He doesn’t seem ashamed of what he did, we think. Moreover, the incident does not take place in a private residence, its the Chief Minister’s residence.”
The apex court also observed that the assertion of Kumar that the First Information Report (FIR) against him is a concocted FIR is belied by the fact that she called on emergency help line from the chief minister’s residence to report the incident. “We normally grant bail. But look at the way the alleged incident took place. We don’t want to read in open court,” the apex court said.
Delhi High Court earlier dismissed Kumar’s bail plea
Earlier, the Delhi High Court rejected Kumar’s bail plea, saying that he wields considerable power and can influence witnesses of the case if he is released on bail in the case and no grounds are made out for releasing him on bail at this stage keeping in view the nature of accusations against him and apprehension of the witnesses being influenced.
Delhi Police arrested Kumar on May 18
The Delhi Police arrested Kumar on May 18 for allegedly assaulting Maliwal at official residence of Kejriwal on May 13 when she went there to meet him. The Delhi Police had registered an FIR against him on May 16 under provisions of the Indian Penal Code (IPC) related to criminal intimidation, destruction of evidence, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.
