Delhi's Tis Hazari court on Monday denied Bail to Bibhav Kumar, Delhi CM Arvind Kejriwal, in an assault case filed by Aam Aadmi Party (AAP) MP Swati Maliwal. The court's decision came after a prolonged hearing of arguments on Monday.
Bibhav Kumar faces charges including assault, criminal intimidation, destruction of evidence, and outraging a woman’s modesty. Following his arrest, he has been held in judicial custody, which has now been extended until Tuesday.
On May 13, Swati Maliwal accused Kumar of misbehaving and assaulting her. He was then detained by Delhi Police and was sent to four days of judicial custody on May 24.
Following his bail plea rejection, the Aam Aadmi Party announced that Bibhav Kumar will move to Delhi High Court against the court’s orders.
Hearing of Bibhav Kumar’s Bail Plea
Bibhav Kumar Advocates’ Allegation on Swati Maliwal
Senior Advocate N Hariharan, representing Bibhav Kumar, argued in court against the allegations by Swati Maliwal, asserting that she unlawfully entered the Chief Minister’s official residence. The advocate emphasized that Maliwal's actions constituted trespass, underscoring that she entered the premises without any prior appointment or permission.
During the hearing, Advocate Hariharan asked, “Can anyone enter in this manner, this is the official residence of CM. There was a trespass and a report was also filed,” arguing that Maliwal ignored instructions to wait outside and proceeded to the residence.
Questioning the validity of the charges, Hariharan argued, “Even if we believe what Swati is saying, the sections in the FIR don’t stand. There was no intent to disrobe her.” He stressed the lack of necessity for custodial detention, pointing out that two of the alleged offences were not substantiated, and the remaining ones were bailable.
Calling the allegations “pre-meditated,” Hariharan said that Maliwal might have been motivated by personal grievances, possibly believing Kumar was responsible for her not meeting the CM that day.
Kumar’s counsel flagged the three-day delay in filing the complaint, arguing that Maliwal, a former DCW Chief, was fully aware of her rights and should have reported any violations immediately.
“The allegations do not make out a case of intention to disrobe her,” kumar’s Counsel said, What she is stating in the FIR, that is not true." The accused's counsel added the there was no grievous injury on the vital part, "so where is the question of Culpable homicide not amounting to murder".
Hariharan clarified,“I am seeking bail only, not the acquittal.'
State Prosecutor's Allegation of Bibhav
Additional Public Prosecutor for the state, Atul Kumar Srivastava, argued that Kumar was in fact the trespasser and not Maliwal. “Kumar’s service as the CM’s personal secretary had been terminated. He had no right to be there,” he said
Srivastava also asked why the security outside of the CM’s house didn’t make a call to the police if Maliwal was really ‘trespassing’. “She was welcome inside and made to sit in the waiting room,” he added.
“How influential is Bibhav… people were still communicating with him even when his services were terminated,” the APP submitted before the court.
"The accused had beaten a lady, dragged her alone and her head hit the centre table, will this not cause death," the Additional Public Prosecutor(APP) argued. "If I slap a lady in an open place, it is outraging the modesty of a woman," the APP added.
He added that the accused was terminated from his post. "The accused did not tell the complainant that I was not in service and couldn't arrange the meeting with the CM. It shows the intention on the part of the accused," APP submitted.
"She was allowed to sit in the waiting room. It was implied permission, where is the question of trespass”
"When Bibhav Kumar reached there, he asked who allowed her to go inside," he added.
"All the people at the place of occurrence were reporting to Bibhav Kumar. It shows that he is influential. He can tamper with the evidence," APP argued.
Madhav Khurana, Maliwal’s counsel, said the MP never misbehaved or barged in. “… in fact, she even said that if you have a problem, call the police… none of the security officials called the police,” said Khurana.
“Even after four days of the incident, Maliwal’s injuries sustains… imagine the magnitude of the injuries,” he said, referring to the MLC which showed bruises on her left thigh and right cheek, below the eye.
Khurana added that despite the termination of his services, he remained at the CM’s residence. “There is already an offence of assaulting a public servant against him… his counsel didn’t inform the court that Kumar had criminal antecedents,” he added.
Teary-Eyed Swati Maliwal said, she was recieving threats.
During the hearing, Swati Maliwal broke down in the Tis Hazari Court opposing the bail, saying "He is not an ordinary man, he uses the facilities used by the ministers."
“If this accused is released on bail there would be a threat to me and my family," She said.
Accusing AAP of assassinating her character, she said, “Right after my statements (against Kumar), Three press conferences were held in a single day, in which it has been said that I am an agent of the BJP. The chief minister took the accused to rallies in Lucknow and Mumbai. When he was arrested, the chief minister came out on the streets to protest.”
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