New Delhi: The Delhi High Court will on Monday deliver its verdict on the issue of maintainability of a plea by Chief Minister Arvind Kejriwal's close aide Bibhav Kumar challenging his arrest in connection with the alleged assault on AAP MP Swati Maliwal at the CM's residence.
Justice Swarana Kanta Sharma had reserved an order on the maintainability of Kumar's petition on May 31 after hearing his counsel as well as the lawyers appearing for the Delhi Police. Kumar, presently in judicial custody, allegedly assaulted Maliwal on May 13 at Kejriwal's official residence. He was arrested on May 18.
The senior counsel, appearing for the police, had opposed even the issuance of notice on the petition on the grounds that it was not maintainable. 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, Kumar has 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.
The Tis Hazari court had on June 7 refused to grant bail to Kumar, saying he was facing "grave and serious" charges and that there was an apprehension that he could influence witnesses. Kumar's first bail plea was dismissed on May 27 by another sessions court which said there appeared to be no "pre-meditation" by Maliwal in lodging the FIR and that her allegations could not be "swiped away".
His bail plea is now pending in the high court. 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.
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