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Swati Maliwal case: Delhi HC transfers Bibhav Kumar’s plea against arrest to MP/MLA judge

New Delhi : The Delhi High Court on Friday transferred Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar’s plea challenging his arrest in connection with the Swati Maliwal assault case.

Justice Navin Chawla transferred Kumar’s plea to the roster bench handling cases involving Members of Parliament and Members of Legislative Assemblies (MP/MLAs).

The judge directed that the case be heard by the judge assigned to MP/MLA matters, given that the complainant in the case is a Rajya Sabha member.

Justice Swarana Kanta Sharma, the roster judge for criminal cases involving sitting and former MPs/MLAs, is expected to hear the matter later today.

Kumar is seeking compensation for what he terms his “illegal arrest”.

Kumar’s plea argues 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, Kumar has urged the High Court to declare his arrest unlawful, asserting that the authorities did not adhere to the legal standards mandated by the Supreme 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.

Kumar contends that his arrest did not meet these criteria and therefore, constitutes a breach of his legal rights.

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

A Delhi court on Monday dismissed the bail plea of Kumar in the case. He is currently in judicial custody.

During the hearing, Maliwal broke down in the courtroom alleging character assassination and life threats being given to her.

Delhi Police had opposed Kumar’s counsel’s submission that Maliwal went to the CM’s residence with the intent to malign his aide, while his counsel had alleged a three-day delay in filing an FIR.

His counsel had further argued that Bibhav was not present at the CM’s residence and that Maliwal had no appointment.

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

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