Delhi Chief Minister Arvind Kejriwal’s close aide Bibhav Kumar on Wednesday moved the Delhi High Court seeking direction to declare his arrest in the Swati Maliwal assault case by Delhi Police as illegal and in gross violation of the provisions of Section 41A of the Code of Criminal Procedure.
The plea has also sought order that the petitioner be paid appropriate compensation for his illegal arrest, in deliberate and blatant violation of the provisions of law.
Kumar was arrested by the Delhi Police following a complaint by AAP Rajya Sabha MP Swati Maliwal. In her complaint, Ms Maliwal alleged that on May 13, she had gone to meet Delhi Chief Minister Arvind Kejriwal at his Civil Lines residence.
While she was waiting in the drawing room, Bibhav Kumar came and slapped her several times without any provocation. Kumar, she alleged, also kicked her on the stomach and pelvis area.
On May 13 itself, Maliwal had informed the police about the alleged incident but didn’t file an official complaint. However, two days later, she filed an FIR and levelled serious charges of assault against the key aide of Delhi CM.
Kumar has also filed a case against Maliwal for abusing him and trespassing the CM’s house.
After initially admitting misbehaviour with Ms Maliwal, the Aam Aadmi Party claimed she was part of a BJP conspiracy to frame Kejriwal and claimed an old ACB case against her was used as leverage.
Earlier on Tuesday, the court had sent Bibhav Kumar to a three-day police custody.