HC seeks police’s stand on Kejriwal aide Kumar’s plea against arrest in Swati Maliwal assault case

Mr. Kumar, in his plea, has sought a direction to declare his arrest as illegal

The Delhi High Court on July 1 issued notice to the Delhi Police on Chief Minister Arvind Kejriwal’s close aide Bibhav Kumar’s plea challenging his arrest in connection with the alleged assault on AAP MP Swati Maliwal at the Chief Minister’s residence.

The High Court said Mr. Kumar’s plea “at this stage” is maintainable to the extent of issuance of notice to the police. “The merit of the case will, however, be decided only after a reply is filed in this case by the State,” the High Court said.

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

The FIR against Mr. 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.

Mr. 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 was still pending in the trial court, in violation of his fundamental rights as well as the law

In the petition, Mr. 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 High Court opined that “it is not the non-compliance of Section 41A of Cr.P.C. alone which has been challenged before this Court, but also how he was arrested, the malafide of arrest and breach of his fundamental rights”.

“In view thereof, it is ordered that notice be issued to the State who will file an appropriate reply to the present petition within one week,” the High Court while posting the matter for further hearing on July 8.

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.