The Tis Hazari court Today (July 6th) extended Bibhav Kumar’s judicial custody until July 16 in the Swati Maliwal assault case. Arvind Kejriwal’s aide was presented via video conferencing.
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NEW DELHI: The Tis Hazari court today extended the judicial custody of Bibhav Kumar until July 16 in relation to the assault case involving Swati Maliwal. Kumar, who is a close aide of Delhi Chief Minister Arvind Kejriwal, was produced via video conferencing for the hearing on Saturday.
Previously, on Monday, the Delhi High Court accepted a plea filed by Bibhav Kumar challenging his arrest. The case concerns the alleged assault on AAP MP Swati Maliwal at the Chief Minister’s residence.
The High Court deemed the plea maintainable and sought a response from the city police.
Justice Swarana Kanta Sharma, who had on May 31 reserved the order on the maintainability of Kumar’s petition, issued a notice in the matter.
Bibhav Kumar, who remains in judicial custody, is accused of assaulting Swati Maliwal at Kejriwal’s official residence on May 13. He was subsequently arrested on May 18.
EARLIER IN DELHI HC
The Delhi High Court on 1st July agreed to hear a Writ Petition filed by Bibhav Kumar, a close associate of Delhi Chief Minister Arvind Kejriwal, contesting his arrest by the police.
Kumar arrested following allegations by Rajya Sabha MP Swati Maliwal, who accused him of assault. The Court reserved its decision on the petition’s maintainability on May 31, 2024, which announced today.
Justice Swarana Kanta Sharma of the Single Bench stated,
“Notice issued, listed before the roaster bench.”
Kumar approached the High Court after the Trial Court denied him bail, citing the serious nature of the accusations. The Court emphasized the importance of assessing the allegations impartially, given the early stage of the investigation and the potential risk of evidence tampering.
The Trial Court stated,
“The investigation is still in its early stages, and the possibility of witness influence or evidence tampering cannot be dismissed. Given the allegations against the applicant, there are no grounds for bail at this time,”
It further noted,
“The victim’s allegations must be taken at face value and cannot be disregarded. The delay in filing the FIR does not significantly affect the case, as the injuries were documented in the MLC after four days. There appears to be no premeditation on the victim’s part; otherwise, the FIR would have been filed on the same day.”
AAP Rajya Sabha MP Swati Maliwal accused Bibhav Kumar of assaulting her at the Chief Minister’s residence on May 13, 2024. Following Maliwal’s complaint, the Delhi Police filed an FIR charging Kumar with attempted culpable homicide, assault with intent to disrobe, wrongful restraint, criminal intimidation, and insulting the modesty of a woman.
Maliwal alleged that Kumar slapped her multiple times without provocation during her visit to meet Chief Minister Kejriwal, also claiming he kicked her in the chest and pelvis and pulled up her shirt deliberately.
Senior Advocate N Hariharan, representing Bibhav Kumar, argued that their primary plea is to declare the arrest unlawful, citing a violation of his rights under Article 21 of the Constitution of India.
It also disclosed in court that Kumar personally communicated to the Investigating Officer (IO) his willingness to cooperate with the investigation, despite which he arrested.
Delhi Police took Kumar into custody on May 18, subsequently placing him under police custody for five days. On May 24, he transferred to judicial custody.
Swati Maliwal, a leader of the Aam Aadmi Party (AAP), alleged in the FIR that Kumar struck her in the chest, stomach, and pelvic area.
AAP refuted Maliwal’s accusations, alleging a conspiracy against their political party.
Earlier, videos surfaced on social media showing Maliwal engaged in an altercation with security personnel and leaving the Chief Minister’s residence on the day of the alleged incident.
Kumar’s bail application currently pending in the High Court.
The case involving Bibhav Kumar and Swati Maliwal carries significant political implications, given Kumar’s association with Arvind Kejriwal, the Chief Minister of Delhi, and both individuals’ ties to the Aam Aadmi Party (AAP). The denial of bail for Kumar has the potential to impact AAP’s political image and electoral prospects, particularly in the context of upcoming elections or public opinion.
Click Here to Read Previous Reports on Swati Maliwal
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