The Delhi High Court Friday dismissed a petition by Bibhav Kumar, a close aide to Chief Minister Arvind Kejriwal, challenging his arrest in the alleged assault of AAP MP Swati Maliwal at the Chief Minister's residence.
The petition was dismissed by Justice Neena Bansal Krishna.
Kumar is presently in judicial custody and is charged with causing hurt to Maliwal, at Kejriwal's official residence, on May 13, and arrested on May 18.
The plea challenged the legality of the arrest, saying in law, Section 41A of the Code of Criminal Procedure says that a prior notice of appearance before a police officer is requisite and in the instant case, the arrest did not meet the standards of law.
The Delhi Police opposed the petition, saying that Kumar's arrest had been conducted in proper procedure and it was not arbitrary.
An FIR against Kumar was registered on May 16 under different sections of IPC for criminal intimidation, assault or criminal force to a woman with intent to disrobe, attempt to commit culpable homicide.
Bail had been rejected by the trial court and the high court, and Kumar's appeal is now pending in the Supreme Court.
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