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HC Agrees To Hear On Friday Kejriwal Aide Bibhav Kumar’s Plea Against Arrest In Maliwal Assault Case

The petition was mentioned for urgent listing before a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora which agreed to hear it on May 31

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Delhi CM Arvind Kejriwal (L) and AAP MP Swati Maliwal (R) | File Photo
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The Delhi High Court will hear on Friday a plea by Chief Minister Arvind Kejriwal's close aide Bibhav Kumar against his arrest for allegedly assaulting AAP Rajya Sabha MP Swati Maliwal earlier this month.

The petition was mentioned for urgent listing before a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora which agreed to hear it on May 31.

Kumar, in his plea mentioned by advocate Rajat Bhardwaj, sought his arrest to be declared illegal, in gross violation of the provisions of Section 41A of the Code of Criminal Procedure, and against the mandate of law.

He also sought appropriate compensation for his "illegal" arrest and initiation of departmental action against the "erring" officials who were behind the decision to arrest him.

On Monday, Kumar's bail plea was dismissed by a sessions court, which said there appeared no "pre-meditation" by Maliwal in lodging the FIR against him and that her allegations could not be "swiped away".

Maliwal has alleged that Kumar assaulted her at the chief minister's official residence on May 13.

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 because of his arrest. Last Friday, he was sent to four-day judicial custody.

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.