Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar was remanded to 14-day judicial custody in connection with the alleged assault on Aam Aadmi Party (AAP) MP Swati Maliwal on Friday.
Kumar was produced before the Tis Hazari court in Delhi as his three-day police custody ended on Friday. The Delhi Police had arrested Bibhav Kumar on May 18 in connection with the case.
He will now be produced before the court on June 14.
AAP's Rajya Sabha MP Swati accused Bibhav Kumar of assaulting and misbehaving with her when she visited the residence of CM Kejriwal on May 13.
During the hearing on Friday, the Delhi Police had sought a 14-day judicial custody of Bibhav Kumar, news agency ANI reported. On May 29, Kumar on Wednesday moved the Delhi High Court challenging his arrest in connection with the alleged assault on AAP MP Swati Maliwal at the CM's residence earlier this month.
The Additional Public Prosecutor (APP), appearing on behalf of Maliwal, submitted that the judicial custody of Kumar is required for proper investigation. He also sought his custody to prevent Kumar from tampering with evidence, and to prevent him from making inducement or threats to any witness.
Defence counsels Rajat Bhardwaj and Karan Sharma opposed the judicial custody plea. They argued that the accused is in no position to interfere with an investigation or tampering with the evidence. It stated, "I [Bibhav Kumar] am in no position to induce the witnesses."
After Bibhav Kumar was sent to 14-day judicial custody on Friday, AAP MP Swati Maliwal said, “Bibhav Kumar beat me up very badly in Arvind Kejriwal's drawing room. As soon as I filed a complaint against him, he did the same."
“The entire party's leadership and resources were used against me. Every day I was victim-shamed, and my character was maligned,” Maliwal told ANI. She further alleged that an attempt was made to “paint” as if Bibhav “was the hero and I was the villain”.
"Today, I have been left alone in this entire fight just because I filed a complaint against Bibhav Kumar. I am fighting this fight alone, but will fight till the end because I know that what I have said is the complete truth. In this fight, my hope is only and only from the court...,” Swati Maliwal said.
Maliwal also said she is "hurt and saddened" by Kejriwal's behaviour. "I and my entire family are in trauma because I have been working since 2006. I have been working since I had no position or prestige. There were no governments in the two states [Delhi and Punjab] then. I have been working since then, with passion, selflessness, and honesty," she said.
"But the truth is that when I was being beaten badly....in Arvind Kejriwal's drawing room, he did not come. No one came to save me. And an out-of-court trial was conducted in which I was declared guilty," Maliwal added.
She said Kejriwal has neither called her or come to meet her since the incident happened. "...He has not helped me anywhere. The entire party and he are standing with Bibhav Kumar at this time. So in such a situation, I am very sad because Arvind Kejriwal, who expresses his views on every issue, did not consider it necessary to support me on my issue, to take a stand for me, or to talk about my issue..."
On May 28, Bibhav Kumar was remanded to three-day police custody. Additional Public Prosecutor (APP) Atul Srivastava had then submitted that the accused formatted his mobile phone and refused to share the password.
Maliwal's advocate also submitted that police received an interim report from a forensic expert on CCTV footage. “The accused is seen entering the area where the DVR was there. He remained there for 20 minutes. There are chances of tampering with the evidence,” APP argued.
APP also submitted that the complainant stated that the accused videographed the incident. He was seen with two mobile phones.
Defence counsel Rajiv Mohan opposed and submitted that the alleged incident took place on May 13. “There was no complaint for three days, no MLC, FIR was lodged on May 16 and the accused was arrested on May18,” defence counsel argued.
He also argued that the evidence is being created by defence counsel. Police want custody of the accused till the time he gives a statement that suits their requirements. It is admitted case that the footage of the place of occurrence is not available, Defence counsel submitted.
In this case, no weapon has been used, the accused's counsel submitted. Data of mobile can be retrieved, defence counsel argued. Why an accused would create evidence against him so that police can use it, defence counsel added.
"The accused cannot be compelled to share the password, the accused's counsel argued. FIR is very simple but Prosecution is reading between the lines, Defence counsel argued. There is no evidence on record that the mobile was formatted. The fact of formatting of the phone is not admissible without any report of the forensic report," the defence counsel submitted.
"The accused can be examined scientifically, there is no requirement of custody, defence counsel Rajiv Mohan argued. There should be a compelling ground to seek further custody. There is no material with the police to confront the accused with," the defence counsel submitted
The APP has opposed the submissions of the defence and said that police have recieved an interim report from a forensic expert regarding the blank portion of the footage. There is a chance of tampering. The accused was using two mobiles, where the second mobile, APP submitted.
Defence counsel argued that this aspect has not been investigated as to why the complainant went to the CM house. Further, he argued that it is not a murder case where custody is required to recover the weapon. There is no evidence to show that the injuries mentioned in the MLC have been caused by the accused, the defence counsel submitted. MLC is of three days after the incident, defence counsel submitted.
(With inputs from ANI)
