The Delhi High Court on Friday rejected the plea of Delhi Chief Minister Arvind Kejriwal's personal aide Bibhav Kumar, who is accused of assaulting Rajya Sabha MP and former Delhi Commission for Women (DCW) chairperson Swati Maliwal, challenging his arrest.
"Petition dismissed," Justice Neena Bansal Krishna said. In his plea, Kumar sought direction to declare his arrest as illegal in gross violation of the provisions of Section 41A (notice of appearance before police officer) of the CrPC and against the mandate of the law.
Delhi Police opposed his petition and said that Kumar was not arrested "in haste". It also said that Kumar was taken into custody as per the law. The development comes a day after the Supreme Court pulled up Kumar over the incident.
The Supreme Court on Thursday grilled Bibhav Kumar and said that it was shocked at the details of the incident. "Is the Chief Minister's bungalow a private residence? Is that office required to keep such goons? Is this the way it is? We are shocked. The question is how this happened," the apex court remarked.
The court also said that Maliwal asked him to stop attacking her but the latter continued. While pulling up Kumar for his conduct, the top court said: "What does he think (of himself)? Does he have power in his head? You made it look as if a goon has entered the premises. Does Bibhav Kumar have any shame in doing this? Swati Maliwal is a young woman."
Bibhav Kumar was arrested in May this year after Maliwal levelled allegations of assault inside Arvind Kejriwal's official residence against him. He has been in judicial custody since the past 75 days.
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.
His bail plea was previously dismissed by the trial court and the high court and is now pending before the Supreme Court. The top court will hear this matter next on August 7.