New Delhi: Court Orders Five-Day Police Custody for Delhi CM Aide in Assault Case
On Saturday, a court in New Delhi ordered five days of police custody for Bibhav Kumar, an aide to Delhi Chief Minister Arvind Kejriwal, in connection with the alleged assault on AAP Rajya Sabha member Swati Maliwal.
Kumar was arrested earlier in the day by the Delhi Police. His anticipatory bail plea was subsequently deemed “infructuous” by the court. Metropolitan Magistrate Gaurav Goyal later directed that Kumar be held in police custody for five days.
The Delhi Police, represented by their counsel, had initially requested seven days of custody to interrogate Kumar regarding the assault case. The incident allegedly occurred at the Chief Minister’s residence on the morning of May 13, where Kumar, Kejriwal’s personal assistant, is accused of assaulting Maliwal.
The court’s detailed order is awaited. The police argued that Kumar’s custody is essential to uncover the motive behind the assault. They also reported that Kumar refused to provide the password to his mobile phone, claiming it had been formatted in Mumbai due to a malfunction. The police stated that data from a mobile phone must be cloned before formatting, necessitating Kumar’s presence in Mumbai to retrieve the data. Additionally, his presence is required when an expert examines the mobile phone.
Kumar’s counsel, Rajiv Mohan, countered by pointing out the lack of records of Maliwal’s visit to the Chief Minister’s residence before May 13 and questioned the delay in registering the FIR on May 16. Mohan argued that Maliwal visited the residence without an appointment and accused the Delhi Police of distorting facts.
Mohan further noted that Maliwal did not seek medical assistance after calling emergency helpline number 112, nor did the station house officer prepare a medical sheet after meeting her. He alleged that Maliwal was politicizing the incident and giving statements to the media. Mohan asserted that Kumar’s mobile phone was irrelevant to the investigation as Maliwal had not mentioned any threats via phone or WhatsApp.
Shadan Farasat, another counsel for Kumar, claimed that the legal team was not provided a copy of the FIR, although it was circulated in the media. Farasat argued that Kumar’s arrest was intended to undermine the anticipatory bail process.
In response, the Delhi Police’s counsel stated that Maliwal, according to the FIR, was “in shock” after the assault and lodged the complaint only after recovering.
