Bibhav Kumar, accused in the alleged assault case involving Swati Maliwal and a close aide of former Delhi Chief Minister Arvind Kejriwal, has filed a revision petition on Monday challenging the cognizance of the charge sheet against him.
This petition is currently pending before the Tis Hazari Court.
Kumar’s advocate, Manish Baidwan, submitted the revision petition, which is set to be heard by an Additional Sessions Judge on November 16. The case was adjourned during the last hearing at the request of a proxy counsel.
On July 30, the Tis Hazari Court had taken cognizance of the charge sheet filed against Kumar. The Delhi Police had submitted this charge sheet on July 16, relating to the alleged assault on Swati Maliwal at the Chief Minister’s residence.
Kumar’s petition argues that the Trial Court failed to apply a proper judicial mindset when it passed the Impugned Order. It contends that the court acted mechanically, without adequately considering relevant legal principles or following the procedure outlined in the Bharatiya Nagrik Suraksha Sanhita, 2023, which had come into effect on July 1, 2024.
According to the plea, the Trial Court should have adhered to the procedures specified in Section 210 of the BNSS when taking cognizance of the case.
The petition further claims that the Trial Court, despite taking cognizance, is still following the procedures under the old Criminal Procedure Code (Cr.P.C.). This is evident from the orders dated October 7 and October 15, 2024, where it was noted that copies of the charge sheet and related documents were provided to the accused under Section 207 of the old Cr.P.C.
As a result, Kumar’s plea asserts that the order of cognizance dated July 30 and subsequent proceedings are legally flawed.
Kumar, who was arrested on May 18, has since been granted bail. The cognizance of the charge sheet was initially taken by Judicial Magistrate First Class Gaurav Goyal. The Delhi Police’s charge sheet invokes multiple sections of the Indian Penal Code (IPC), including Sections 308, 354, 354B, 506, 509, 341, and 201. To build their case, the police have seized Kumar’s mobile phone, SIM card, and DVR/NVR from the CCTV cameras at the Chief Minister’s residence.
The charge sheet is extensive, spanning 500 pages and including testimonies from 100 witnesses, of which 50 are specifically named in the case. The alleged assault incident took place on the morning of May 13 at the Chief Minister’s residence, marking a significant event that has drawn considerable attention.
As the legal proceedings unfold, the upcoming hearing on November 16 will be critical in determining the path forward for Kumar in this high-profile case.
