A magisterial court in Delhi on Monday heard a bail plea filed by chief minister Arvind Kejriwal’s aide Bibhav Kumar, who was arrested for allegedly assaulting Aam Aadmi Party Rajya Sabha MP Swati Maliwal at the CM's residence on May 13.
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Swati Maliwal broke down in the Tis Hazari Court after a lawyer of Bibhav Kumar said she chose the spot of the alleged assault at the Delhi chief minister's residence because there was no CCTV camera, which could record the incident.
Swati Maliwal hit back at AAP's “army of trolls” and blamed a popular YouTuber for increasing rape and death threats. She also told the court that if Bibhav Kumar was granted bail, then there would be a danger to her life and family as "he is not an ordinary person".
What Swati Maliwal said in court:
- “Puri party ke leaders press conferences karne lag gaye meri statement ke baad. Baar baar bola gaya main BJP ki agent hoon. Jab Bibhav arrest huye, unko hero paint kiya gaya.” (They called me a BJP agent and painted Bibhav as a hero when he was arrested).
- “Ek bahut bade YouTuber hain...Jo pehele AAP volunteer the. Unhone one-sided video banaya. Uske baad mujhe lagataar death threats aane lag gaye (There is a big YouTuber, who used to be an AAP volunteer. After he made a one-sided video (over the incident), I received many death threats).”
- “Ek ek din mein teen teen press conference kari gayi hain, jisme kaha gaya hai ki main BJP ki agent hoon. CM sahab accused ko leke Lucknow aur Mumbai rallies mein ja rahe hain. Jab usko arrest kar liya toh CM sahab road pe aaye aur isko protest karne large. Inke paas ek bahut badi machinery hai, jiska istemaal karke mera character assassination kiya ja raha hain. (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. They have a massive machinery, which is being used to assassinate my character).”
- "Yeh aadmi mamooli PA nahi hain, jo facility ek mantri ko nahi milti hain, woh bhi enjoy karta hain (He is not just an ordinary PA; he enjoys facilities that even a minister does not get)."
What Bibhav Kumar's counsel said in court:
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Bibhav Kumar sought bail in Swati Maliwal assault case, flagged a three-day delay in filling a complaint.
- “She was the DCW chief…She was well aware of her rights. If her rights were violated, then she should have made the complaint immediately,” Bibhav Kumar’s counsel N Hariharan said.
- 'We don't know the nature of wounds. Are they recent? or three days old?' Hariharan said.
- Bibhav Kumar's counsel showed the MLC to the court and said, 'The date of the MLC is on May 16. This incident allegedly took place on May 13. This is an unexplainable gap."
- “You have hospitals right next door like Aruna Asaf Ali, St. Stephen’s, but you are taken to AIIMS while the accused is being taken to Aruna Asaf Ali.”
- “There is an unexplainable gap in getting the MLC done. In the MLC, there are two simple injuries on non-vital parts. So where is Section 308 made out? There is no injury on the head, stomach and pelvis area. At best, this is the case of 323, which is not invoked as it is a bailable offence.”
- “Swati Maliwal did not say that the CM called her to visit his premises. What she did amounts to trespassing. Can someone enter anyone's residence like this? This is the CM house,” he said.
- "She (Maliwal was asked to wait outside). She barged in. Can being an MP give you a licence to do anything? She had some pre-meditated thoughts before coming (to the CM's residence)," Bibhav Kumar's counsel said.
- “Why will any person come and start slapping, where was the occasion to say all those things - ‘tu kaise hamari baat nahi manegi’".
- “Where is the assault being made done with the intent to commit culpable homicide not amounting to murder? Where was the motive to commit the offence? There are so many people there and I would launch an attack of such nature.”
- “The allegations levelled do not show that there was an intent to disrobe her. All that can be seen is that the shirt was torn during the scuffle. It is an incidental situation that has happened.”
- “Even in the video, she is wearing a kurti. She is not wearing a shirt, the kurta is not inserted into the jeans, and nothing is torn. There is nothing to show the things she is alleging.”
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Bibhav Kumar sought bail in Swati Maliwal assault case, flagged a three-day delay in filling a complaint.
- “She was the DCW chief…She was well aware of her rights. If her rights were violated, then she should have made the complaint immediately,” Bibhav Kumar’s counsel N Hariharan said.
- 'We don't know the nature of wounds. Are they recent? or three days old?' Hariharan said.
- Bibhav Kumar's counsel showed the MLC to the court and said, 'The date of the MLC is on May 16. This incident allegedly took place on May 13. This is an unexplainable gap."
- “You have hospitals right next door like Aruna Asaf Ali, St. Stephen’s, but you are taken to AIIMS while the accused is being taken to Aruna Asaf Ali.”
- “There is an unexplainable gap in getting the MLC done. In the MLC, there are two simple injuries on non-vital parts. So where is Section 308 made out? There is no injury on the head, stomach and pelvis area. At best, this is the case of 323, which is not invoked as it is a bailable offence.”
- “Swati Maliwal did not say that the CM called her to visit his premises. What she did amounts to trespassing. Can someone enter anyone's residence like this? This is the CM house,” he said.
- "She (Maliwal was asked to wait outside). She barged in. Can being an MP give you a licence to do anything? She had some pre-meditated thoughts before coming (to the CM's residence)," Bibhav Kumar's counsel said.
- “Why will any person come and start slapping, where was the occasion to say all those things - ‘tu kaise hamari baat nahi manegi’".
- “Where is the assault being made done with the intent to commit culpable homicide not amounting to murder? Where was the motive to commit the offence? There are so many people there and I would launch an attack of such nature.”
- “The allegations levelled do not show that there was an intent to disrobe her. All that can be seen is that the shirt was torn during the scuffle. It is an incidental situation that has happened.”
- “Even in the video, she is wearing a kurti. She is not wearing a shirt, the kurta is not inserted into the jeans, and nothing is torn. There is nothing to show the things she is alleging.”
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The court reserved its order on Bibhav Kumar's bail plea in the Swati Maliwal assault case until 4 pm. on Monday. Metropolitan Magistrate Gaurav Goyal reserved the order after hearing the arguments.
Bibhav Kumar was sent to four days of judicial custody on May 24.
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