After lower court denies bail, Kejriwal aide Bibhav Kumar moves Delhi HC
Kumar, who is judicial custody since his arrest on May 18, has challenged his arrest in the alleged Swati Maliwal assault case
After his bail plea was dismissed by a sessions court, Chief Minister Arvind Kejriwal's close aide Bibhav Kumar on Wednesday (May 29) moved the Delhi High Court to challenge his arrest in connection with the alleged assault on AAP MP Swati Maliwal at the chief minister's residence earlier this month.
In his petition, Kumar sought a direction to declare his arrest as illegal and in gross violation of the provisions of Section 41A of the Code of Criminal Procedure and against the mandate of the law.
He also sought "appropriate compensation" for his "illegal" arrest and initiation of departmental action against the erring officials who were involved in the decision making of his arrest.
A sessions court in Delhi on Monday (May 27) had dismissed Kumar's bail plea, saying that there appeared no "pre-meditation" by Maliwal in lodging the FIR and that her allegations could not be "swiped away".
Rajya Sabha MP Maliwal has alleged that Kumar assaulted her at the chief minister's official residence on May 13. He was arrested on May 18 and sent to police custody for five days the same day by a magisterial court, which observed that his anticipatory bail plea had become infructuous because of his arrest.
Last Friday, he was sent to four-day judicial custody.
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.
(With agency inputs)