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Nation / Tue, 28 May 2024 Times Now

'Why Was Prosecutor In Your Chamber?': Bibhav Kumar's Advocate Levels Serious Charge Against Judge

What was he doing inside after the court reserved its verdict on the police remand application for Bibhav Kumar?" Bibhav Kumar had moved the bail plea before the Tis Hazari Court on Friday. Swati Maliwal had accused Bibhav Kumar of assaulting her at CM Kejriwal's residence on May 13, as she waited in his drawing room for a meeting. Suddenly, Bibhav Kumar stormed in. Bibhav Kumar was arrested after Maliwal filed an FIR against him, detailing the assault that she allegedly faced.

Bibhav Kumar

High drama ensued in a Delhi courtroom Tuesday when the defense counsel for Bibhav Kumar in the Swati Maliwal assault case accused the Additional Public Prosecutor (APP) of inappropriate conduct during the dictation of a court order. The counsel raised serious concerns before the judge at Tis Hazari court , alleging that the APP for the Delhi Police had been inside the judge's chamber for over an hour while the order on Delhi Police's plea seeking his 5-day custody was being dictated.

"I want to mention something and have it recorded in the court’s order," he stated. "The Public Prosecutor has been sitting in your (judge's) chamber for the past hour. He has just exited now. What was he doing inside after the court reserved its verdict on the police remand application for Bibhav Kumar?"

"This even happened the last time. We had got the complaint. This time we saw it ourselves, PP coming out of the judge's chamber."

The judge responded saying: "Mera order, main pronounce karunga.. aaram se, you are levelling allegations against the Court?"

"Toh PP sahab apke chamber mei kya karenge? Agar aap order denge?" Bibhav Kumar's lawyer said.

"If you want, I will observe the same in the order," the judge stated.

The matter was promptly brought to the judge's attention by Bibhav's lawyer, who insisted that the unusual presence of the APP during this critical time be formally noted in the court records. The scene highlighted tensions as the court deliberates on the police's application for Bibhav Kumar's remand.

Bibhav's bail plea rejected

A Delhi court on Monday rejected the bail plea of Bibhav Kumar, the aide of chief minister Arvind Kejriwal, and accused in the Swati Maliwal assault case. Bibhav Kumar had moved the bail plea before the Tis Hazari Court on Friday. He was taken to custody by the Delhi Police on May 18 from Kejriwal's residence at Flagstaff Road, Civil Lines.

Rejecting the bail, the court said, "Allegations raised by the victim (Swati Maliwal) have to be taken on their face value and cannot be swiped away. The mere delay in registering the FIR would not have much impact on the case as the injuries are apparent in the MLC (medico-legal certificate) after four days. There seems to be no pre-meditation on the part of the victim as if it would have been so, then the FIR would have been registered on the same day. The investigation is still at the nascent stage. The apprehension of influencing the witnesses or tampering with the evidence cannot be ruled out. Keeping in view the allegations made against the applicant, at this stage, no ground for bail is made out."

Earlier during the day, as the bail hearing was underway, AAP Rajya Sabha MP Maliwal broke down, citing threat to life if Bibhav Kumar was released.

"Since I Registered a 164 statement, multiple press conference have been held to turn me down. The CM is roaming around with the accused and taking him to Lucknow and other places. They have big machinery of trolls and all party leaders have warned to stand against me," Maliwal said.

She added, "He is not an ordinary PA, he gets all the facilities that even ministers don't get. If he comes out, my and my family's life would be under grave danger."

Swati Maliwal had accused Bibhav Kumar of assaulting her at CM Kejriwal's residence on May 13, as she waited in his drawing room for a meeting.

Maliwal has rejected AAP's charges of forceful entry or trespassing, telling Times Now in an exclusive interview, that as a Rajya Sabha MP, she had never needed to take an appointment before.

Sources say that Bibhav will appeal against the verdict in the High Court.

What Is Swati Maliwal Assault Case?

The allegations made by Swati Maliwal against a close aide of Arvind Kejriwal, Bibhav Kumar, sent shockwaves across the political spectrum given that Maliwal, who has long been fighting for women's rights, alleged that she herself was subjected to brutal assault.

In an interview to Times Now, Maliwal had narrated her ordeal, saying, "On May 13th at 9 AM, I went to meet Arvind Kejriwal at his residence. The staff seated me in the drawing room and told me that Arvind ji was home and would meet me shortly. Suddenly, Bibhav Kumar stormed in. I asked him, 'What’s happening? Arvind ji is coming to meet me. What’s wrong?' He responded by hitting me. He slapped me 7-8 times with full force. When I tried to push him away, he grabbed my leg, dragged me down, causing my head to hit the center table. I fell to the ground, and he started kicking me. I was screaming for help, but no one came to my aid."

She further said, "I didn't think about what would happen to me, my career, or what these people would do to me. I only thought about the advice I have always given to all women—to always stand by the truth, to file a complaint if something wrong happens, and to fight for justice. How could I not fight for myself today?"

Bibhav Kumar was arrested after Maliwal filed an FIR against him, detailing the assault that she allegedly faced. The police took statements of the staff members at CM Kejriwal's residence, and sent phones, gadgets and other crucial evidence for forensic testing.

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