The Delhi High Court on Monday held that the plea filed by Bibhav Kumar challenging his arrest in the Swati Maliwal assault case is maintainable..Justice Swarana Kanta Sharma issued notice to the Delhi Police and listed the matter before the roster bench. .Kumar, the aide of Delhi Chief Minister Arvind Kejriwal, is accused of having assaulted Maliwal at the CM's official residence. He moved the High Court to declare his arrest illegal and also sought compensation for the same. He urged the High Court to declare that his arrest was in violation of the guidelines laid down by the Supreme Court in the Arnesh Kumar judgment..The Delhi Police had argued that Kumar’s plea is not maintainable as the magistrate court had disposed of a similar plea.Kumar should have approached the sessions court against the order, it was argued.Senior Advocate N Hariharan, who appeared for Kumar, said that their main prayer is to declare the arrest illegal as there has been violation of his Article 21 of the Constitution of India.The Court was also told that Kumar had himself written to the Investigating Officer (IO) that he is ready to join the investigation and yet he was arrested..The Delhi Police arrested Kumar on May 18. He was then remanded to police custody for five days. On May 24, he was sent to judicial custody.Maliwal is a leader of the Aam Aadmi Party (AAP). As per the FIR, Kumar hit Maliwal in her chest, stomach and the pelvic area.AAP has countered the MP's allegations and accused of her of being in a conspiracy against the political party.Earlier, some videos had surfaced on social media showing Maliwal having an argument with the security personnel and walking out of the Chief Minister's residence on the day of the alleged assault..Kumar's bail plea is pending before the High Court.
The Delhi High Court on Monday held that the plea filed by Bibhav Kumar challenging his arrest in the Swati Maliwal assault case is maintainable..Justice Swarana Kanta Sharma issued notice to the Delhi Police and listed the matter before the roster bench. .Kumar, the aide of Delhi Chief Minister Arvind Kejriwal, is accused of having assaulted Maliwal at the CM's official residence. He moved the High Court to declare his arrest illegal and also sought compensation for the same. He urged the High Court to declare that his arrest was in violation of the guidelines laid down by the Supreme Court in the Arnesh Kumar judgment..The Delhi Police had argued that Kumar’s plea is not maintainable as the magistrate court had disposed of a similar plea.Kumar should have approached the sessions court against the order, it was argued.Senior Advocate N Hariharan, who appeared for Kumar, said that their main prayer is to declare the arrest illegal as there has been violation of his Article 21 of the Constitution of India.The Court was also told that Kumar had himself written to the Investigating Officer (IO) that he is ready to join the investigation and yet he was arrested..The Delhi Police arrested Kumar on May 18. He was then remanded to police custody for five days. On May 24, he was sent to judicial custody.Maliwal is a leader of the Aam Aadmi Party (AAP). As per the FIR, Kumar hit Maliwal in her chest, stomach and the pelvic area.AAP has countered the MP's allegations and accused of her of being in a conspiracy against the political party.Earlier, some videos had surfaced on social media showing Maliwal having an argument with the security personnel and walking out of the Chief Minister's residence on the day of the alleged assault..Kumar's bail plea is pending before the High Court.
