A Delhi court has decided to hold Bibhav Kumar, a close aide to Chief Minister Arvind Kejriwal, in judicial custody for four days. This decision comes in connection with the alleged assault case involving Swati Maliwal. The Tis Hazari court directed that Bibhav Kumar be sent to Tihar jail until May 28th.
Bibhav Kumar’s legal counsel raised concerns over the necessity of his arrest in the case. They referenced the guidelines established in the Arnesh Kumar case.
In this landmark ruling, the Supreme Court emphasized that arrests should be the exception, especially in cases where the potential punishment is less than seven years of imprisonment, even for cognisable offenses.
#UPDATE | Delhi: AAP MP Swati Maliwal assault case: Delhi CM Arvind Kejriwal's aide Bibhav Kumar being taken from Tis Hazari Court. He has been sent to judicial custody till May 28. https://t.co/taZf4zSext pic.twitter.com/cOLdG3ey7D
— ANI (@ANI) May 24, 2024
In response to queries regarding Bibhav Kumar’s rights during custody, the Delhi Police stated that they had facilitated meetings between him and his family members, as well as his lawyer, in accordance with the court’s directives.
The lawyer representing Bibhav Kumar highlighted the impact of both judicial and police custody on his client’s freedom. They questioned the rationale behind the four-day judicial custody duration, considering that the standard period for such custody is typically 14 days.
In addition, they raised concerns about why a 14-day remand was not sought by the authorities.
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In response to these queries, the police lawyer clarified that the duration of custody is determined by the investigating agency. After presenting Bibhav Kumar before the court, the police requested that he be placed in judicial custody, indicating that further police custody was unnecessary in this case.
Bibhav Kumar was initially taken into custody on May 18th and was subsequently placed under five-day police custody. Now, with the court’s decision to transfer him to judicial custody for four days, the legal proceedings surrounding the alleged Swati Maliwal assault case continue to unfold.
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