NEW DELHI: A Delhi court on Monday denied bail to Bibhav Kumar, an aide to Chief Minister Arvind Kejriwal, accused of assaulting AAP leader and Rajya Sabha MP Swati Maliwal at the CM’s official residence and is under judicial custody.
Kumar was arrested last week on charges including assault, criminal intimidation, destruction of evidence and outraging a woman’s modesty and was remanded in judicial custody until Tuesday.
Senior Advocate N Hariharan, representing Kumar, argued that Maliwal trespassed on the Chief Minister’s property during the incident. “Can someone enter anyone’s residence like this? This is the CM’s house,” he stated, noting that Maliwal forced her way in after being asked to wait outside.
Kumar’s counsel highlighted the delay in filing the complaint by the Maliwal. “She was earlier the DCW chief… she was well aware of her rights. If her rights were violated, then she should have made the complaint immediately,” the counselor stated arguing that the sections in the FIR are unjustified. “Even if we believe what Swati is saying, the sections in the FIR don’t stand. There was no intent to disrobe her,” he stated, adding that most of the charges are bailable.
He alleged that Maliwal’s allegations were “pre-meditated” to damage Kumar’s reputation as she could not meet the CM.
Additional Public Prosecutor Atul Kumar Srivastava argued that Kumar was the “trespasser”, as his role as the CM’s personal secretary had ended. “Kumar’s service as the CM’s personal secretary had been terminated. He had no right to be there,” Srivastava said. He asked why security did not contact the police if Maliwal was trespassing. “Rather, she was welcomed and made to sit in the waiting room,” he added.
Delhi Police has claimed that the pen drive with CCTV footage from May 13, the day of the alleged assault, was empty, and Kumar had erased data from his phone before his arrest. “When the ‘deleted’ NVR (footage) is recovered, we need the accused. We took his phone to recover the video,” the prosecutor said, emphasising the need for Kumar’s custody as the investigations are at an early stage.
He refuted the claims that Maliwal behaved improperly, stressing the severity of her injuries.
He highlighted Kumar’s “criminal history” and insisted that Maliwal’s injuries were still evident four days after the incident. The prosecutor stated that Maliwal has been “receiving threats” and being labelled her a “BJP’s agent” and is concerned for her family’s safety if Kumar was released on bail.
Additional Sessions Judge Sushil Anuj Tyagi of Tiz Hazari court rejected the bail plea of Kumar, a personal assistant of the CM, after hearing arguments from both sides.
Kumar was sent to four days of judicial custody on Saturday and is expected to be produced in the court on Tuesday.
Maliwal has alleged that Kumar slapped her, kicked her in the chest, dragged her and made threats on May 13 when she visited Kejirwal’s residence, according to the FIR lodged by the Delhi Police.
On the other hand, CM’s aide in his complaint alleged that former Delhi Commission for Women (DCW) chief “forcefully and illegally” trespassed into the CM’s House and created “ruckus” and “falsely implicated” him in the assault case.
The allegations
Swati Maliwal has alleged that Bibhav Kumar slapped her, kicked her in the chest, dragged her and made threats on May 13 when she visited Kejirwal’s residence, according to the FIR lodged by the Delhi Police.
On the other hand, CM’s aide Kumar in his complaint alleged that former Delhi Commission for Women chief “forcefully and illegally” trespassed into the Chief Minister’s House and created “ruckus” and “falsely implicated” him in the assault case.
