A Delhi Police remand report on the Swati Maliwal case highlights a severe risk of fatality due to the nature of the assault. The report details that the injuries sustained could have been life-threatening, underscoring the brutality of the attack. Bibhav Kumar, implicated in the case, has exhibited evasive behaviour, raising suspicions and complicating the investigation. Kumar’s reluctance to provide clear information is a significant concern for authorities as they continue their inquiry into the incident.
New Delhi: Bibhav Kumar, an aide of Arvind Kejriwal, remanded to five days of Delhi Police custody by a Delhi court in connection with the Swati Maliwal assault case. The order given by Judge Gaurav Goyal after a midnight hearing that involved arguments from both the Delhi Police and Kumar’s lawyers.
During the hearing, the Additional Public Prosecutor (APP), Atul Srivastava, representing the Delhi Police, requested seven days of police custody. However, Kumar’s counsels, Rajiv Mohan and Shadan Farasat, opposed the plea, stating that the arrest made hastily considering that Kumar had already applied for anticipatory bail.
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In their remand paper submitted on Saturday evening, The police stated that the case, of a serious nature, emphasizing the severity of the alleged assault, which had the potential to be life-threatening.
The remand paper signed by North District Additional Deputy Commissioner of Police Anjitha Chepyala stated,
“This case is extremely serious, involving the brutal assault of a Member of Parliament and public figure, with the potential for fatal consequences. Despite being asked specific questions, the accused has been uncooperative and evasive in his responses,”
The order issued by Judge Gaurav Goyal after considering the arguments presented by the Delhi Police and Kumar’s legal representatives. During the hearing, the Delhi Police’s Additional Public Prosecutor (APP), Atul Srivastava, requested a seven-day police custody for Kumar.
The remand application highlighted that Maliwal’s testimony before the magistrate supported by medical evidence. According to Maliwal’s claims, Kumar yelled, threatened, and used abusive language against her, in addition to allegedly assaulting her brutally by dragging and banging her head on a center table.
The plea stressed The crucial evidence that the digital video record (DVR) from the scene, which had not yet been provided to the police. According to the plea seeking police custody, a junior engineer at the CM’s residence, despite acknowledging lack of access to the DVR and CCTV camera area, initially provided a video of the dining room, which subsequently found to be blank during the purported incident.
The remand application further stated that Kumar was present at the chief minister’s residence on Saturday and, upon questioning, gave evasive responses.
It stated,
“The accused is an influential figure, and his presence at the scene of the crime (SOC) strongly suggests the potential for tampering with crucial evidence, including electronic evidence. With over nine years of experience in a position of authority, he can exert influence and pressure on witnesses in the CM house,”
The application for police custody outlined several reasons for the request. It mentioned that despite being dismissed as the CM’s personal secretary in April 2024, Kumar continued working at the CM’s residence, prompting the need to question him regarding his role and authority.
Additionally, it noted another case registered against Kumar in Noida for allegedly assaulting an on-duty public servant. The document emphasized the necessity for a thorough interrogation due to the severity of the attack on a public figure, who is also a sitting MP.
It stated,
“Since a brutal attack is made on a public figure who is a sitting MP, a sustained interrogation is very much required to find out the motive behind brutal attack and to ascertain the conspiracy angles or involvement of some person or organisation having inimical to our country.”
The remand plea highlighted Kumar’s claim that he had formatted his mobile phone in Mumbai on Friday, and that password protected. It emphasized the necessity for Kumar’s personal presence and assistance in accessing the phone and its applications due to its password protection.
Additionally, it stressed the need to take Kumar to an expert to retrieve the mobile data and confirm the formatting of the device, which is deemed crucial evidence. The plea also raised concerns about Kumar potentially threatening witnesses and tampering with evidence, given his authoritative position and “access to the SOC”.
It stated,
“Without the personal presence and assistance of the accused, as this instrument is password protected, the phone and its apps cannot be accessed. Also, he has to be taken to an expert to retrieve the mobile data and to ascertain the factum of formatting of the mobile phone of the accused, which is an important piece of evidence.”
Delhi Police argue that the seriousness of the charges, combined with Kumar’s evasive attitude and the potential for critical evidence to be uncovered, justify the need for sustained interrogation.