Delhi Police firmly opposed the plea by Chief Minister Arvind Kejriwal’s aide, Bibhav Kumar, in the Delhi High Court, challenging his arrest in the alleged assault case involving AAP MP Swati Maliwal. During the proceedings, the police refuted claims of acting hastily or improperly in their actions.
Bibhav Kumar’s counsel argued that his arrest was unlawful, citing a delay in the FIR registration and asserting that Kumar was arrested on the same day he offered to voluntarily participate in the investigation, May 18. However, the police countered that Kumar’s arrest followed legal procedures and that it was not his first encounter with the law, referencing a prior FIR lodged against him by Noida police.
The police also accused Kumar of tampering with evidence by formatting his mobile phone, complicating the investigation process. They emphasized that tolerating such actions would hinder law enforcement efforts in the future.
Justice Neena Bansal Krishna, who presided over the hearing, has reserved her judgment after listening to the arguments from both sides.
Kumar is accused of assaulting Swati Maliwal on May 13 at Kejriwal’s residence and was taken into custody five days later. The charges against him include criminal intimidation, destruction of evidence, assault with intent to disrobe, and attempt to commit culpable homicide.
In his legal challenge, Kumar not only seeks to have his arrest declared illegal but also demands compensation and departmental action against the officials involved in his arrest. He argues that his detention was based on an ulterior motive, particularly noting that it occurred while his anticipatory bail plea was pending, thereby violating both his fundamental rights and the legal procedures.
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The rejection of Kumar’s bail by the Tis Hazari court on June 7 and another denial on May 27 by a sessions court highlight the serious nature of the charges against him and concerns about potential witness tampering.
