Swati Maliwal Assault Case: Bibhav Kumar's Plea 'Maintainable', Court Issues Notice To Police

swati maliwal assault case: bibhav kumar's plea 'maintainable', court issues notice to police

New Delhi: The Delhi High Court on Monday ruled that the plea filed by Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar challenging his arrest in the alleged Swati Maliwal assault case is maintainable. A notice was issued to the Delhi Police after Justice Swarana Kanta Sharma pronounced the order.

The Delhi Police argued that Kumar's plea was not maintainable and opposed issuing a notice on his petition. Representing the police, Senior Advocate Sanjay Jain objected to the petition, citing Kumar's failure to disclose his previous application to a trial court, which was rejected.

Kumar, who was denied bail twice, claimed that his arrest violated Section 41A of CrPC despite his willingness to cooperate with the investigation.

Bibhav Kumar was arrested on May 18 and sent to police custody for five days by a magisterial court, which stated that his anticipatory bail plea was no longer applicable due to his arrest. He was then sent to judicial custody for four days on May 24, after which he was remanded back into police custody for three days.

For the unversed, Maliwal had alleged a physical assault at Delhi CM's residence, stating, "I was slapped 5-7 times, brutally dragged, kicked on the chest," and described her shirt being "deliberately pulled up" by Bibhav Kumar during the incident at the Chief Minister's residence. "My shirt buttons opened and shirt flew up," she elaborated, as per the FIR obtained by Times Now.

An FIR was filed against Kumar on May 16 under several sections of the Indian Penal Code, including those related to criminal intimidation, assault or criminal force against a woman with the intent to disrobe and attempt to commit culpable homicide.