Delhi CM’s aide Bibhav Kumar remanded in four-day judicial custody

A Delhi court on Friday remanded Bibhav Kumar, the aide of chief minister Arvind Kejriwal, to four-day judicial custody in the alleged assault case involving Swati Maliwal, a Rajya Sabha parliamentarian and member of the Aam Aadmi Party (AAP).

Kumar was brought before the court as his five-day police custody ended. He was taken to custody by the Delhi Police on May 18 from Kejriwal’s residence at Flagstaff Road, Civil Lines. He was formally arrested on the evening of May 18 while the hearing of his anticipatory bail plea was underway before a court.

During the court proceedings, the Delhi Police sought four-day judicial custody of Kumar. “After receipt of the report from the experts, accused may be required for confrontation to proceed with the investigation and to reach to a logical conclusion. Some investigation is being carried out by the members of the investigating team in Mumbai and are likely to return to Delhi soon with some evidence and the accused will be required again for confrontation. Accordingly, the accused may please be remanded to four days of judicial custody remand,” the remand application stated.

The police highlighted Kumar’s alleged non-cooperation during the investigation, including failure to disclose the password of his mobile phone, which the police consider to be a crucial evidence.

The row erupted after Maliwal alleged grave assault by Kumar in a police complaint. She filed a first information report (FIR) in which she alleged that Kumar slapped her seven to eight times without any provocation at the CM’s residence on May 13, when she went to meet Kejriwal. He slapped her, kicked her in the chest and pelvis, and deliberately pulled up her shirt, Maliwal alleged.

Kumar has denied the allegations and filed a counter-complaint alleging thjat Maliwal barged into the CM’s house, misbehaved with staff, and was politely asked to leave. The AAP has alleged that Maliwal made false allegations at the behest of the BJP.

Kumar’s counsel moved an application seeking disclosure of seized evidence and preservation of CCTV footage. This was opposed by additional public prosecutor Atul Srivastava, who argued that the prayers were not relevant at this stage.

The court reserved orders on this application, with a decision expected on May 28. Meanwhile, Kumar also filed an application for regular bail before the court, which issued notice to the Delhi Police and listed the plea for hearing on May 27.

The FIR charged Kumar under sections 308 (attempt to commit culpable homicide), 354B (assault or use of criminal force to woman with intent to disrobe), 341 (punishment for wrongful restraint), 506 (punishment for criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code.

On May 17, Kumar also lodged a complaint through an email accusing Maliwal of unauthorised entry, verbal abuse and threats and also claimed the Bharatiya Janata Party (BJP) had an involvement in the matter.

The court on May 19 sent Kumar to five days’ police custody after the Delhi Police submitted that the case was of a grave nature where a woman MP was brutally assaulted. It was further claimed that the DVR containing the incident was not provided and the CCTV footage, which was provided to the Delhi Police, when checked, was found to be blank at the relevant time. The Delhi Police also alleged that the mobile phone produced by Kumar was also found to be formatted and he did not disclose the passwords of the phone and the applications installed in it.