On Friday, Bibhav Kumar, an assistant to Chief Minister Arvind Kejriwal, was denied bail by a Delhi court for the second time. Kumar was taken into custody in May on suspicion of assaulting AAP Rajya Sabha MP Swati Maliwal.
This is the second time that Kumar’s bail plea has been denied. He filed for bail for the first time on 27th May.
“…given that Bibhav Kumar is accused of misconduct towards a female political party member at the Chief Minister’s official residence, a place where both elected party members and the general public can meet the Hon’ble CM to address their concerns.” The Tis Hazari Court’s Special Judge Ekta Gauba Mann stated that this makes the public fearful and anxious about meeting their leader and denied him bail.
Image Source: Businesstoday
The woman had been getting constant threats, according to the judge, and she was afraid for her family’s safety. It was also decided that, if given bail, Kumar may sway the witnesses. Kumar is now being held by judges.
Advocate Sanjeev Nasiar, who heads the Aam Aadmi Party’s (AAP) legal cell, filed Bibhav Kumar’s bail application. Regarding the alleged attack on Maliwal, Bibhav Kumar was placed under 14 days of judicial imprisonment by Delhi’s Tiz Hazari court on May 31.
Kumar was taken into custody by the Delhi Police on May 18 for allegedly assaulting Swati Maliwal. He is set to appear in court on June 14, when his judicial custody period ends.
On May 16, a FIR was filed against Kumar under different articles of the Indian Penal Code, including criminal intimidation, assault, or criminal force on a lady with the purpose to disrobe and commit culpable murder.
To ensure a thorough investigation, the Delhi Police requested an extension of Kumar’s judicial custody last month. They expressed concerns that Kumar could potentially interfere with the investigation by tampering with evidence, obstructing the investigative process, and intimidating or threatening witnesses.
Atul Srivastava, the Additional Public Prosecutor (APP), stated on May 28 that the defendant had formatted his cell phone and would not provide the password. Additionally, it was stated that police had obtained a preliminary assessment on CCTV video from a forensic expert. The accused may be observed walking into the DVR’s presence. He was there for twenty minutes. The AAP argued that there is a risk of the evidence being fabricated.
Former DCW leader Swati Maliwal said in her FIR that on May 13, when she went to visit Arvind Kejriwal at his Delhi home, Bibhav Kumar assaulted her “with full force,” kicked her in the chest and abdomen, and slapped her seven or eight times.
Swati Maliwal Vs. Bibhav Kumar
During the proceedings, Maliwal, who was physically present in court, described the entire episode to the court, stating that she was there to meet the CM and was waiting in the drawing room when Kumar arrived and began throwing obscenities and misbehaving with her.
She further said that Kumar slapped her seven to eight times and tugged her shirt, and that despite her plea that she was having a monthly period, Kumar beat her on her chest, stomach, and pelvic area. Kumar pulled her and beat her head on the table. ” She cried out for help, but no one responded.” she said.
Maliwal alleged that she sat on the sofa and dialed the police number, 112, using her cell phone, after which Kumar threatened her. She further said that Kumar walked outside, summoned the security guards, and created a phony video that was leaked.
She added that Kumar’s power can be seen in the fact that all MLAs or cabinet ministers in Delhi or Punjab cannot directly meet with the CM without first seeking permission from Kumar, and if any leader of that party does so, Kumar will backbite and report the matter to the CM.
The All India Institute of Medical Sciences (AIIMS) in New Delhi found that Swati Maliwal had several bruises on her body, notably on her left leg and right cheek below the eye.
Following the incident, she accused the Aam Aadmi Party of victim shaming, claiming that attempts were made to portray her as the “villain” and Kumar as the “hero” of the case.
Maliwal told ANI, “I am really offended and grieved by Arvind Kejriwal’s attitude. My entire family and I are traumatized. I have been working diligently since 2006, long before I held any position or status. The two states did not have governments back then. I’ve been working since then with enthusiasm, selflessness, and honesty.”
