AAP MP Swati Maliwal arrived at Delhi’s Tis Hazari court for the bail hearing of Delhi CM’s aide, Bibhav Kumar. Senior advocate N Hariharan asserted the maintainability of the bail application, emphasizing the court’s jurisdiction.
Hearing underway for Bibhav Kumar’s bail plea in Swati Maliwal’s case. Here’s his counsel’s statement so far:
- The ongoing hearing in Swati Maliwal’s case against Arvind Kejriwal’s aide, Bibhav Kumar, has seen arguments from his counsel. The FIR invoked Section 308 IPC, triable by the Court of Session. Senior advocate Hariharan contended that Maliwal visited the CM’s residence and contacted the PA, but Kumar was absent. He questioned Maliwal’s entry into the CM’s residence, arguing against such access to an official premises.
- Bibhav Kumar’s counsel accused Maliwal of premeditated actions before entering the CM’s residence, highlighting her lack of mention about being called by the CM. He questioned whether being an MP granted permission for such actions and cited security statements regarding her entry.
- The senior advocate argued that there was trespass and a report was filed, emphasizing Maliwal’s lack of appointment or prior notification of her visit. He referred to a report where Maliwal questioned security personnel about keeping an MP waiting and stated that she waited in the waiting room, asking security to speak to Bibhav Kumar.
- The advocate contended that Maliwal’s claims in the FIR were false and not based on an immediate complaint, as the FIR was lodged three days later. He questioned the credibility of the allegations given the presence of many people at the alleged incident location and argued against the severity of the charges, citing the absence of grievous injury or intention to disrobe.
- During the defence counsel’s argument, Maliwal broke down. The senior advocate argued that the FIR was an afterthought and reiterated their request for bail rather than acquittal.
- CCTV has already been recovered, so there is no question of tempering, sr. Advocate. My (Bibhav) availability to police investigation is from the very beginning, sr. Advocate argued.
- Everything is pre-planned and tailor-made to suit her story, sr. Advocate argued. It was an overreach by the prosecution preventing this court from passing an order on anticipatory bail, sr. Advocate submitted. They informed about the arrest when the court was dictating the order, he added.
- He has been in custody since May 18, sr. Advocate concluded his arguments. Additional Public Prosecutor Atul Srivastava begins his arguments
- Intention is not required to make out a case of Culpable homicide not amounting to murder, knowledge is sufficient, additional public prosecutor (APP) Atul Srivastava submitted.
- The accused had beaten a lady who was alone dragged her and her head hit the centre table, will this not cause a death, APP argued If I slap a lady in an open place, it is outraging the modesty of a woman, APP argued.
- Additional Public Prosecutor (APP) opposed the submissions of defence counsel that she went there with a premeditated mind to malign Bibhav Kumar.
- Her reputation was kept in high esteem by the party chief and was called ‘Lady Singham’, APP submitted. The accused was terminated from his post, APP submitted.
- Additional Public Prosecutor (APP) opposed the submissions of defence counsel that she went there with a premeditated mind to malign Bibhav Kumar.
- Her reputation was kept in high esteem by the party chief and was called ‘Lady Singham’, APP submitted. The accused was terminated from his post, APP submitted
- The accused did not tell the complainant that he was not in service and couldn’t arrange the meeting with the CM. It shows the intention on the part of the accused. There was no occasion earlier when she was asked to take a prior appointment, APP submitted.
- Whyn’t the security officer make a call to PCR, APP argued. She was allowed to sit in the waiting room. It was implied permission, where is the question of trespass, APP submitted. When Bibhav Kumar reached there, he asked who allowed her to go inside, APP submitted
- All the people at the place of occurrence were reporting to Bibhav Kumar. It shows that he is influential. He can temper the evidence, APP argued
- Section 308 (Culpable Homicide not amounting to murder) IPC is made out against the accused, APP submitted. He added that the complainant was taken to AIIMS as she was residing at CR Park, Additional Public Prosecutor (APP) argued.
- She (Swati Maliwal) was not maligning the accused, Additional Public Prosecutor (APP) said On the point of delay in FIR, the APP submitted that the complainant did not disclose the entire incident to the police. Even thereafter, police officer visited the place of incident.
- In India women are very reluctant to report sexual offences, the Additional Public Prosecutor (APP) argued.
- CCTV footage may be missing due to some technical reasons, APP submitted. The court asked, Why police are looking into the phone of the accused? iPhone was handed over after formatting, it is tempering, APP submitted
- The accused went to Mumbai to format his phone. We may ask for further police custody. I strongly opposed the bail application, APP submitted Sr. Advocate N Hariharan opposed and said the counsel for the complainant couldn’t address the court. Advocate Madhav Khurana, counsel for Swati Maliwal arguing now Advocate Madhav Khurana is referring to judgement on whether he can address the court or not. He submitted that the victim has the right to be heard.
- Bail application can’t be heard without issuing a notice to the victim, Khurana argued. Swati Maliwal is also standing with her counsel before the judge. He submitted that she said that she was going inside, you could call the police. But the police were not called. As per the MLC, the injuries were there even after four days, which shows the magnitude. Three-four days delay is inconsequential in these cases, her Advocate argued. The accused sent a complaint through email on May 17, Advocate Khurana submitted.
- The accused was found at the place of occurrence, he was interrogated but was evasive in answering, advocate Khurana said.
- He also submitted that the accused allegedly assaulted a public servant earlier. If the accused is innocent, then why format his phone, tempered the CCTV, file a complaint on May 17, Advocate Khurana said.
- The complainant is receiving rape and murder threats, advocate Khurana argued.
- Triple test not satisfied in this case, Khurana argued Swati Maliwal is addressing the court. She said after recording my statement APP leaders organised a press conference. I was called a BJP agent.
- They have a huge troll machinery, they have pumped the machinery, she said. The accused was taken to Mumbai by the leaders of the party. If this accused is released on bail there would be a threat to me and my family
- He is not an ordinary man, he uses the facilities used by the ministers, Maliwal said
- There are no ingredients to make out the offence of Culpable homicide not amounting to murder, Sr. Hariharan rebutted He added that the DVR had been seized by the police, which is not in my complaint. There is no evidence that I tempered the CCTV.
- Swati Maliwal assault case: The court reserves the order on bail of Bibhav Kumar
The proceedings are ongoing, awaiting further developments.