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Swati Maliwal case: Delhi HC to hear on Friday Bibhav Kumar's plea against his arrest
Swati Maliwal case: Bibhav Kumar has sought direction to declare his arrest as illegal and in gross violation of the provisions of Section 41A of the CRPC.
The Delhi High Court has agreed to hear a plea on Friday challenging the arrest of Bibhav Kumar, an aide to Delhi chief minister Arvind Kejriwal, in connection with the alleged assault on AAP MP Swati Maliwal at the CM's residence earlier this month.
Kumar's plea was mentioned before a bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora. Kumar's lawyer urged the court to list the plea for an urgent hearing on Thursday, arguing that the arrest was made in violation of Section 41A of the Code of Criminal Procedure (CrPC). However, the court decided to schedule the hearing for Friday.
Read: Drama in Delhi court as CM Arvind Kejriwal aide Bibhav Kumar’s custody extended
In his petition, Bibhav Kumar sought a direction to declare his arrest as illegal and in gross violation of the provisions of Section 41A of the Code of Criminal Procedure and against the mandate of the law.
He 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.
Kumar was arrested on May 18 and he was sent to police custody for five days the same day by a magisterial court, which observed that his anticipatory bail plea had become infructuous post-arrest.
Last Friday, Kumar was sent to four-day judicial custody.
On Tuesday, a court granted three days to Delhi Police for custodial interrogation of Bibhav Kumar.
The court said Delhi Police cannot be "deprived of its right" to recover the mobile phone which he was carrying at the time of the alleged assault at the chief minister's official residence on May 13.
"The presence of the accused in a room where NVRs (network video recorders) are installed is not denied by him or his lawyer. To the mind of this court, the reason for remaining there for a sufficient time is obviously a question which needs to be investigated for which custodial interrogation is necessary," Metropolitan Magistrate Gaurav Goyal said.
An FIR was lodged against Bibhav Kumar on May 16 under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.
With inputs from agencies
