Arvind Kejriwal’s Aide Bibhav Kumar Challenges Delhi Court’s Cognizance of Charge Sheet in Assault Case
Bibhav Kumar, a former aide of Delhi’s Chief Minister Arvind Kejriwal, has filed a revision plea before a Delhi court, challenging an order that took cognizance of a police charge sheet accusing him of assaulting AAP MP Swati Maliwal. The alleged assault took place on May 13 at the chief minister’s official residence.
Kumar, who is currently out on bail, was named in a charge sheet filed by the police in July 2024. The charge sheet includes multiple sections of the Indian Penal Code (IPC), including charges related to attempt to commit culpable homicide, assault, criminal intimidation, and insult to the modesty of a woman, among others.
In his revision plea, filed on October 29 through his counsel Manish Baidwan, Kumar argues that the magistrate court’s decision to take cognizance of the charge sheet was done in a “mechanical manner” under the now-repealed Criminal Procedure Code (CrPC), rather than the new Bharatiya Nagrik Suraksha Sanhita (BNSS), which came into effect earlier this year. Kumar’s defense asserts that under the BNSS, cognizance requires a judicial assessment to determine whether there are sufficient grounds for proceeding with the case, something that was allegedly missing in this instance.
The plea further contends that the charge sheet is “defective,” citing several discrepancies. Notably, it points out that crucial evidence, such as CCTV footage, was obtained during the investigation but has not been fully considered in the charges. The plea also highlights that a Forensic Science Laboratory (FSL) report on key exhibits is still pending, and that the final report was “incomplete” when the court took cognizance.
Kumar’s defense questions the trial court’s failure to properly examine the applicability of Section 506 of the IPC, which pertains to criminal intimidation. The section has two parts—one carrying a maximum sentence of two years and the other carrying up to seven years of imprisonment—but the court’s order did not specify which part was being invoked, the plea argues.
The charge sheet, filed on July 17, 2024, included charges under various provisions of the IPC, including Sections 201 (causing disappearance of evidence), 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354 (assault or criminal force with intent to outrage a woman’s modesty), 354B (assault or criminal force with intent to disrobe a woman), 506 (criminal intimidation), and 509 (insult to the modesty of a woman through words, gestures, or objects).
The matter is now scheduled for hearing on November 16, 2024, when the Delhi sessions court will consider the revision plea.
