Drama in Delhi court as CM Arvind Kejriwal aide Bibhav Kumar’s custody extended

The decision came after defence lawyers raised serious concerns, alleging that public prosecutor was seen exiting judge’s chamber after the order was reserved

A Delhi court on Tuesday remanded Bibhav Kumar, Delhi chief minister Arvind Kejriwal’s aide, to three days of police custody, following an intense courtroom exchange, in which Kumar’s defence team accused the additional public prosecutor of engaging in private discussions with the judge after reservation of the order.

Bibhav Kumar in Tis Hazari court on Tuesday. (PTI)

“Considering the bona fide requirement of the investigating agency, the application moved by the IO stands partly allowed and the accused is remanded to police custody for 3 days,” metropolitan magistrate Gaurav Goyal said in his order.

The decision came after defence lawyers raised serious concerns, alleging that the public prosecutor was seen exiting the judge’s chamber after the order on the remand application was reserved. “Please, record my statement that after the order was reserved, the PP was sitting in the chamber of the judge…This is unfair,” said advocate Rajat Bharadwaj, one of the lawyers representing Kumar.

The defence contended that it witnessed the prosecutor leaving the chamber, while they waited outside the courtroom. The judge assured that their submissions would be noted.

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Kumar, who was produced in court following the end of his four-day judicial custody, faced a fresh remand application from Delhi Police, who sought Kumar’s custody for five days, citing an interim forensic report and CCTV footage purportedly showing Kumar at the scene of the incident and allegedly tampering with evidence.

Prosecutor Atul Srivastava also informed the court that Section 201 of the Indian Penal Code was added against Kumar for allegedly tampering with evidence in the case.

Police also claimed that Kumar was seen entering a hotel room with two phones, but exiting with only one. They argued that the second phone, allegedly used to record the incident, according to statements by complainant Swati Maliwal, needed to be recovered.

Kumar’s lead counsel, Rajiv Mohan, vehemently opposed the remand, arguing that the police already had necessary evidence, including NVRs (network video recorders). He expressed concerns over potential torture during custody and questioned the need for further detention.

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“You have the mobile phone, when you can retrieve data from the NVR, you can also retrieve data from the mobile phone. No one can compel me to give my passwords because I am protected by the rights guaranteed to me,” Mohan said.

In its order, the court acknowledged the addition of new charges and the need to investigate Kumar’s presence in the NVR room. “To the mind of this court, the reason for remaining there for sufficient time is obviously a question which needs to be investigated for which custodial interrogation is necessary,” the court said.

The court granted the police custody till May 31, directing that Kumar should not be subjected to any form of torture.

The case pertains to allegations made by Aam Aadmi Party Rajya Sabha MP Swati Maliwal, who claimed that Kumar assaulted her at the CM’s residence on May 13. Based on Maliwal’s complaint, police filed an FIR on charges of attempted culpable homicide, assault with intent to disrobe, wrongful restraint, criminal intimidation, and insulting the modesty of a woman.

Kumar, in turn, filed a complaint alleging unauthorised entry and threats by Maliwal, hinting at possible political motives behind the accusations. He was apprehended by the Delhi Police on May 18 and formally arrested amid the hearing of his anticipatory bail plea.

The court, on May 19, sent Kumar to five days’ police custody after Delhi Police submitted that the case was of a grave nature where a woman parliamentarian was brutally assaulted. The court, last Friday, remanded him to four days’ judicial custody.