Bibhav Kumar Sent to Judicial Custody in Assault Case Against AAP MP Swati Maliwal

Bibhav Kumar, who was in police custody for the assault on Aam Aadmi Party Rajya Sabha MP Swati Maliwal, was presented in Tis Hazari Court after the expiry of his police remand. The court, responding to the police’s request, has placed Kumar in judicial custody until May 28. During the hearing, the Delhi Police stated that they had adhered to the court’s instructions, allowing Kumar to meet with his family and lawyer. Kumar’s lawyer argued that any form of custody affects the accused’s liberty and must be justified.

Lawyer Challenges the Demand for Judicial Custody

Bibhav Kumar’s lawyer questioned the police’s request for a 4-day judicial custody, pointing out that judicial custody typically lasts 14 days. The Delhi Police responded that while judicial custody can extend up to 14 days, they were only requesting 4 days. This request was made amidst claims that Kumar was not cooperating with the investigation, including his refusal to provide his phone password.

Allegations of Evidence Tampering

The police have sent the electronic devices recovered from Kumar’s residence to the Forensic Science Laboratory (FSL) for examination. They informed the court that Kumar had taken his mobile phone to Mumbai, where he either formatted it or saved the data elsewhere. There are suspicions of tampering with the CCTV footage and mobile data from the hotel where Kumar stayed. The police indicated that Kumar might face charges under section 201 of the IPC for destroying evidence if these suspicions are confirmed.