Kejriwal's aide Bibhav Kumar denied bail in Maliwal assault case
What's the story
Delhi's Tis Hazari Court on Monday dismissed the bail application of Chief Minister Arvind Kejriwal's aide Bibhav Kumar in the Aam Aadmi Party MP Swati Maliwal's assault case. Kumar is currently under judicial custody following his arrest by Delhi Police. The arrest was based on an FIR filed by Maliwal accusing Kumar of assaulting her at Kejriwal's residence on May 13.
Context
Why does this story matter?
Maliwal's allegations and subsequent complaint against Kumar have triggered a political slugfest between the AAP and the Bharatiya Janata Party. The AAP has refuted the charges, with Delhi Minister Atishi alleging that Maliwal was "blackmailed" by the BJP to become part of a "conspiracy" against Kejriwal. Meanwhile, the Delhi CM has said that "two versions" of the incident have emerged and has called for a fair trial in the case.
Victim's statement
Threat to me, family if Kumar released: Maliwal
During the hearing, Maliwal said before court that if Kumar were released on bail, it would pose a threat to her and her family. She also said that Kumar is not an "ordinary man," and enjoys facilities typically reserved for ministers. The MP also reportedly broke down in Tis Hazari court during the bail hearing, while the defense counsel was presenting their argument.
Case registered
Charges against Kumar
To recall, the CM's aide has been booked under various sections of the Indian Penal Code, including 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354 (B) (assault or use of criminal force to a woman with intent to disrobe), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman). The police later added destruction of evidence charge to the FIR.
Defense argument
Defense questions Maliwal's allegations in court
On Monday, senior advocate N Hariharan, representing Kumar, argued that Maliwal had trespassed into Kejriwal's residence without an appointment. "Can anyone enter in this manner...This is the official residence of the chief minister. She did not have an appointment...nor did she send any message...Kumar was not present at that time. She was stopped by the security personnel but proceeded to sit in the waiting room," the counsel said.
Court hearing
Maliwal's allegations 'pre-planned'
According to the defense counsel, Maliwal's allegations "do not make out a case of intention to disrobe her". Following this statement, the AAP MP broke down in the court. Hariharan went on to say that all the allegations made by Maliwal were "pre-planned" and "tailor-made" to "suit her story." "This entire FIR is the result of afterthought...I am seeking bail only, not the acquittal," he told the court.