Maliwal assault case: Delhi HC rejects Arvind Kejriwal aide Bibhav Kumar’s bail
The court said Kumar yields influence as Kejriwal’s personal secretary and thus the possibility of him influencing witnesses cannot be ruled out
The Delhi high court on Friday rejected the bail plea of Delhi chief minister Arvind Kejriwal’s aide, Bibhav Kumar, in the case related to Rajya Sabha member Swati Maliwal’s alleged assault. Justice Anoop Kumar Mendiratta said Kumar wields influence as Kejriwal’s personal secretary, and thus the possibility of him influencing witnesses and tampering with the evidence cannot be ruled out.
Kumar moved the high court on June 11, saying the accusations against him were unbelievable and false. He argued there was no scope for him to tamper with the evidence as the Delhi Police had collected the entire evidence and CCTV footage of the alleged incident.
Senior advocate N Hariharan, who appeared for Kumar, said no incident had happened and that there was no motive for the entire exercise. He argued that Maliwal barged into Kejriwal’s house without an appointment. Hariharan said she filed the first information report (FIR) in the case after deliberation and in “ego” because Kumar did not let her meet Kejriwal and asked her to wait.
Hariharan argued Kumar was arrested pursuant to the collection of the entire evidence and CCTV footage on the day of registration of the FIR. He added his client’s custody amounted to “pretrial punishment.” Hariharan said his client was in no position to influence the witnesses, who are government officials working under the Delhi Police. He added the Delhi police were in charge of the CCTV and the security of Kejriwal’s residence.
Senior advocate Sanjay Jain, who represented the Delhi Police, opposed the bail, saying Kumar exercised enormous power in the precinct of the chief minister. He added Kumar had the propensity to tamper with the witnesses working in Kejriwal’s office and influence the investigation.
Jain said releasing Kumar while police were in the middle of their investigation and about to file the charge sheet before July 16 might impact the probe. He referred to the evidence and said it was provided on a pen drive. He added that it surfaced that the recording of the alleged assault period was missing.
Maliwal’s lawyer, Nikhil Rohatgi, said the Aam Aadmi Party (AAP) released two edited and doctored videos related to the incident to paint her client in a “poor light”.
Maliwal addressed the court in person and urged it not to release Kumar on bail. She alleged she was “brutally assaulted” and Kejriwal protected Kumar. Maliwal urged the court to give her justice by rejecting the petition, saying that she was subjected to victim shaming. She added AAP ministers held press conferences to portray her as a liar.