Court Denies Anticipatory Bail for Kejriwal’s Secretary Bibhav in Swati Maliwal Assault Case

Delhi CM Arvind Kejriwal’s personal secretary, Bibhav Kumar, remains in legal trouble as the Tis Hazari Court has denied his anticipatory bail petition in the case of alleged assault on Aam Aadmi Party (AAP) Rajya Sabha MP and former Delhi Women Commission chairperson, Swati Maliwal. The court deemed the bail request ineffective.

During the hearing, Bibhav’s lawyer argued that he was not informed about Bibhav’s arrest, claiming there was no assault on Swati Maliwal. The government lawyer countered that Vibhav Kumar was arrested at 4:15 pm. Bibhav’s lawyer noted that Bibhav had been at the police station since noon, indicating a possibility of arrest. The case involves charges under IPC section 308 and other sections, none of which carry a punishment exceeding seven years.

Lack of Notice to Bibhav

Bibhav’s lawyer, Hariharan, pointed out that no notice had been served to Bibhav in this case, and there had been no communication from the police station for four hours about the proceedings. The defense expressed doubt over the credibility of the allegations and uncertainty about Bibhav’s condition, suspecting his imminent arrest.

Questioning Maliwal’s Allegations

Hariharan questioned why such an incident would occur at the Chief Minister’s residence, as alleged by Swati Maliwal. He found the allegations incomprehensible, arguing that Bibhav would have no reason to initiate a fight. He noted that hundreds of people were present, and if Maliwal had been assaulted, she would have screamed, alerting those around. He also mentioned the presence of CCTV at the incident site and criticized Maliwal for bypassing the required appointment to meet the Chief Minister, which compromised security.

Maliwal’s Alleged Threats

Regarding the video shown in court, Hariharan said it depicted Swati Maliwal sitting on a sofa after calling the police, claiming that Maliwal threatened Bibhav’s job. He questioned why Bibhav, who holds a lower rank, would act against Maliwal, a former DCW chairperson and Rajya Sabha member. CCTV footage from May 13, presented in court, showed security personnel escorting Maliwal out of the CM’s residence.

Justification for Meeting the CM

The defense argued that the Chief Minister’s busy schedule could have warranted more appointments, questioning Maliwal’s insistence on meeting the CM. The government lawyer contended that a one-sided narrative was being presented and emphasized that the court should await the investigating officer’s response before making any decisions on granting relief to Bibhav.

The incident allegedly occurred on May 13, with Swati Maliwal making serious allegations against Bibhav Kumar, a close associate of Arvind Kejriwal. Following the incident, an FIR was lodged, and Maliwal recorded her statement under Section 164 of CrPC before the Magistrate at Tis Hazari Court, reinforcing her accusations against Bibhav Kumar. The Delhi Police have been actively tracking Bibhav’s location to arrest him.