The Delhi High Court on Friday refused bail to CM Arvind Kejriwal’s aide Bibhav Kumar. Kumar is accused of assaulting AAP Rajya Sabha MP Swati Maliwal on May 13 at the chief minister’s official residence.
A single judge Justice Anoop Kumar Mendiratta, while refusing bail, expressed concerns that Bibhav Kumar might influence the witnesses.
Swati Maliwal’s Testimony
During the hearing on Wednesday, Swati Maliwal was present in court and stated, “Not only was I brutally assaulted by the PA, but later the Chief Minister himself came out to protect him. Many press conferences were held by Delhi Ministers making malicious allegations against me. I was shamed… My life and those of my family are under threat. I went for a medical examination in a relative’s car, and even the car’s details were made public. Please give me justice.”
Senior Advocate Sanjay Jain, representing the Delhi Police, strongly opposed Bibhav Kumar’s bail plea, stating that the chargesheet would be filed on July 16. Jain argued, “Bibhav was a highly influential person. Despite being dismissed as a Government officer, he was drawing a salary equivalent to a joint secretary. This demonstrates his significant influence and power, and there is a risk he could tamper with witnesses and evidence.”
Kumar’s Counterargument
On the other hand, Senior Advocate N Hariharan, representing Bibhav Kumar, argued, “This is my 54th day in custody, including eight days in remand. This amounts to a pre-arrest trial. The incident occurred on May 13, 2024, and the FIR was registered on May 16. According to the case, Swati chose to go to the police station on May 13, but did not register an FIR. There was no appointment given to her; she just barged in. It is highly improbable that a political secretary would assault Swati Maliwal, who is a sitting MP. Why was there a delay of three days in registering the FIR?” He further stated, “The present case is a classic example of abuse of criminal machinery and a subterfuge investigation, as both the petitioner and the complainant have lodged complaints against each other. However, only the complainant’s case is being investigated, as Swati Maliwal is an influential Rajya Sabha MP. No investigation has been conducted regarding the petitioner’s complaint about the breach, as demonstrated by the breach report prepared by officials at the CM Camp Office on the date of the incident.”
Speaking to reporters, Bibhav Kumar’s advocate, Rishikesh Kumar, said, “Today there was a hearing on Bibhav Kumar’s bail application. We argued that the investigation is almost complete, he has been in custody for 54 days, the complainant’s statement has been recorded, and all evidence has been collected. We pleaded for Bibhav Kumar’s bail. The opposition argued that there is a chance of evidence tampering. After hearing both sides, the court reserved its judgment and will deliver a verdict on July 12.”
Regarding the chargesheet yet to be filed by the Delhi Police, Kumar said, “The Police has given an undertaking to the court to file the chargesheet by July 16.”
Previous Court Ruling
Delhi’s Tis Hazari Court recently dismissed Bibhav Kumar’s second bail plea due to threats received by the victim, Swati Maliwal, and concerns about the potential for influencing witnesses.
Special Judge Ekta Gauba Mann noted, “Considering that the investigation is at an initial stage and there is fear for the victim’s security and her family’s security, as well as the apprehension that the accused Bibhav Kumar might influence witnesses if released, I do not find merit in the bail application. Therefore, the regular bail application of the accused Bibhav Kumar is hereby dismissed.”
Swati Maliwal had earlier alleged that her family and extended family members had been receiving continuous threats. She also expressed fear for her life and the lives of her family members if the accused were granted bail. Bibhav Kumar was arrested on May 18 in connection with the alleged assault on AAP MP Maliwal and was picked up from the Chief Minister’s residence by a Delhi Police team, a day after Maliwal recorded her statement before a magistrate at the Tis Hazari court.
