Swati Maliwal assault case: Delhi HC upholds Kejriwal aide Bibhav Kumar’s arrest

The Delhi High Court on Friday, 1 August rejected a plea filed by Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar challenging his arrest in the Swati Maliwal assault case.

He had argued that his arrest was conducted in violation of the Supreme Court's guidelines established in the landmark Arnesh Kumar judgment, which outlines the procedures and conditions under which arrests should be made to prevent unnecessary detentions.

In his petition, Bibhav Kumar urged the Delhi High Court to declare his arrest unlawful, asserting that the authorities did not adhere to the legal standards mandated by the apex court.

The Arnesh Kumar judgment says that arrests should only be made in cases where it is absolutely necessary and mandates that police officers must provide reasons for arresting an individual in writing. Bibhav Kumar contended that his arrest did not meet these criteria and therefore constituted a breach of his legal rights.

He had also sought financial compensation for the alleged illegal detention, arguing that it caused him undue distress and damage.

On Thursday, 1 August, the Supreme Court rapped Bibhav Kumar as it heard his bail plea, remarking that the accused did not feel shame to assault a young woman.

"We don't want to read in open court. But once she tells him (Bibhav Kumar) to stop because of this particular physical condition, this man continues. What he thinks, the power has gotten to his head?" the top court said.

Earlier, the Delhi High Court rejected Bibhav Kumar’s bail plea saying that at this stage, the possibility of tampering with the evidence or influencing the witnesses cannot be ruled out by the accused, who happened to be the personal secretary of Delhi CM.

Kumar was arrested on 18 May in connection with the assault on Maliwal on 13 May and produced late at night before a local court which sent him to five days of police custody.

Delhi Police registered a case against Bibhav Kumar after he allegedly assaulted Maliwal at the Chief Minister's residence.

The FIR at the Civil Lines police station includes charges under Sections 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354(B) (assault or use of criminal force to woman with intent to disrobe), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code.