A Delhi court on Monday concluded hearing arguments and reserved verdict in Delhi Chief Minister Arvind Kejriwal's close aide Bhibhav Kumar's bail plea in AAP MP Swati Maliwal's assault case. Swati Maliwal who was present in the court room broke down when the defence counsel made his submission and alleged that her injuries could be self inflicted and questioned why she went to AIIMS for medical checkup when there were many hospitals in the vicinity.
"Everything is pre-planned and tailor-made to suit her story. It was an overreach by the prosecution preventing this court from passing an order on anticipatory bail." Senior Advocate N Hariharan appearing for Bhibhav Kumar submitted in the Tis Hazari court.
He further argued that there is no grievous injury on her vital part, and so the question of Culpable homicide not amounting to murder does not arise.
Defence counsel N Hariharan argued that her injuries could be self-inflicted and the allegations do not make out a case of intention to disrobe her. He said that this entire FIR is the result of afterthought and Bhibhav Kumar is seeking bail only, not the acquittal.
"CCTV has already been recovered, so there is no question of tempering, sr. Advocate. My (Bibhav) availability to police investigation is from the very beginning," Counsel for Bhibhav Kumar argued.
'Bhibhav Kumar Threat To Me And My Family,' Swati Maliwal Tells Court
Swati Maliwal also gave her statement in court and alleged if Bhibhav Kumar is let out on bail, he can be a threat to her and her family.
"They have a huge troll machinery, they have pumped the machinery...The accused was taken to Mumbai by the leaders of the party (AAP). If this accused is released on bail there would be a threat to me and my family. He is not an ordinary man, he uses the facilities used by the ministers" Maliwal told the court.
"Intention is not required to make out a case of Culpable homicide not amounting to murder, knowledge is sufficient." Additional public prosecutor (APP) Atul Srivastava appeared for Maliwal in court.
Section 308 (Culpable Homicide not amounting to murder) IPC is made out against the accused, APP submitted in court and clarified that Maliwal was taken to AIIMS as she was residing at CR Park.
"The accused had beaten a lady who was alone dragged her and her head hit the centre table, will this not cause a death," Maliwal's lawyer argued.
"If I slap a lady in an open place, it is outraging the modesty of a woman." Additional Public Prosecutor (APP) opposed the submissions of defence counsel that she went there with a premeditated mind to malign Bibhav Kumar.
"Her reputation was kept in high esteem by the party chief and was called 'Lady Singham'. Bhbhav Kumar was terminated from his post," APP submitted
"The accused did not tell the complainant that I was not in service and couldn't arrange the meeting with the CM. It shows the intention on the part of the accused. There was no occasion earlier when she was asked to take a prior appointment," Maliwal's lawyer submitted in court.
Bhibhav Kumar was arrested on May 18 for allegedly assaulting Swati Maliwal at Aam Aadmi Party chief Arvind Kejriwal's residence. On Friday, he was remanded to four days of judicial custody by a court in Delhi.
Kumar moved a bail petition in the Delhi court after he was sent into police custody and the plea is likely to be heard on Monday. The court has already issued notice on Kumar's bail plea and sought a response from the Delhi Police.
Bhibhav Kumar's anticipatory bail plea was dismissed as infructuous by court after his arrest.
Delhi Police has alleged that Kumar was not cooperating in the investigation, and was giving evasive replies and has not disclosed his mobile phone password.
On May 13, Delhi police said that it had received a call from Swati Maliwal who had dialed them up from Arvind Kejriwal's home and had received a complaint alleging assault.
Following this, FIR was registered on the written complaint filed by Rajya Sabha MP Maliwal and former DCW chairperson Swati Maliwal.
Bhibhav Kumar accused of assaulting Maliwal at CM's home is no new to legal troubles. Along with an allegation of beating up a public servant, Delhi CM's former Private Secretary and close aide has faced scrutiny in several other cases.
In April, the vigilance department terminated Kumar from his post as personal secretary to the Delhi CM, citing this case that dates back to 2007. Kumar approached the Central Administrative Tribunal (CAT) against his termination but did not get any relief.
Delhi Police in the remand note submitted in court, has also questioned why Kumar was present at the Chief Minister's residence on May 13 when his services were terminated.
Bibhav Kumar has also faced Enforcement Directorate's scrutiny in the ongoing investigations in the alleged Delhi Liquor Policy scam that has sent top AAP leaders including Kejriwal to jail. Kumar was recently summoned by the probe agency for questioning in the case on April 8.