Bibhav Kumar says Swati Maliwal ’trespassed’, AAP MP claims ’death threat’ from him: Who said what in court?

Additional Public Prosecutor Atul Srivastava on Monday opposed Arvind Kejriwal's PA Bibhav Kumar's bail in Swati Maliwal assault case. However, Kumar's counsel, N Hariharan, contested the allegation, asking how such an incident (assault) could take place where many people were present.

Updated27 May 2024
Swati Maliwal Assault Case: Bibhav Kumar and Swati Maliwal
Swati Maliwal Assault Case: Bibhav Kumar and Swati Maliwal

Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal on Monday told a magisterial court in Delhi that if Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar is released on bail, it would be a threat to her and her family. Bibhav Kumar, on the other hand, told the court that Swati Maliwal was “tresspassing”.

Swari Maliwal made the comments while the court was hearing Bibhav Kumar's bail plea in the AAP MP's assault case. Swati Maliwal also said that she was called a BJP agent, and the Aam Aadmi Party had pumped a huge troll machinery against her.

The AAP MP alleged that Bibhav Kumar is not an ordinary man and uses the facilities used by the ministers.

Also Read: Swati Maliwal claims getting rape and death threats after video by YouTuber Dhruv Rathee, shares screenshots

What Bibhav Kumar said in court:

  • Swati Maliwal went to the CM's residence and called the PA Bibhav Kumar.
  • She (Maliwal) did not have an appointment for the meeting, and there was no message about her arrival.
  • He (Bibhav) was not present at the CM's residence. So Swati Maliwal went towards the CM's residence.
  • "Can anyone enter in this manner? This is the official residence of the CM."
  • There was a trespass and a report was also filed.
  • What she (Maliwal) is stating in the FIR is not true. This FIR is not the result of a contemporaneous complaint. The FIR was lodged after three days.
  • How such an incident could take place at this place (CM's residence) where many people were present?
  • There is no grievous injury on the vital part, so where is the question of culpable homicide not amounting to murder? Injuries can be self-inflicted, reported ANI, quoting Bibhav Kumar's counsel.
  • CCTV has already been recovered, so there is no question of tampering.
  • Bibhav Kumar's availability to police investigation is from the very beginning, the senior advocate argued.

    Also read: ‘Some might call her BJP agent’: Swati Maliwal as Nirbhaya's mother stands by AAP MP in ‘assault’ case

What Additional Public Prosecutor Atul Srivastava said:

  • Intention is not required to make out a case of culpable homicide not amounting to murder; knowledge is sufficient.
  • If I slap a lady in an open place, it is outraging the modesty of a woman.
  • Her reputation was kept in high esteem by the party chief (Arvind Kejriwal) and was called ‘Lady Singham’. The accused was terminated from his post.
  • The accused did not tell the complainant that he was not in service and couldn't arrange the meeting with the CM. It shows the intention on the part of the accused. 

Also Read: Swati Maliwal breaks down in court during Bibhav Kumar's bail hearing, says report

  • There was no occasion earlier when she was asked to take a prior appointment.
  • Why didn't the security officer make a call to PCR?
  • She was allowed to sit in the waiting room. It was implied permission, where is the question of trespass.
  • When Bibhav Kumar reached there, he asked who allowed her to go inside.
  • All the people at the place of occurrence were reporting to Bibhav Kumar. It shows that he is influential. He can tamper with the evidence.

    What Swati Maliwal's counsel advocate Madhav Khurana said in court:
  • Khurana referred to a judgement on whether he could address the court or not. He submitted that the victim has the right to be heard.
  • The complainant is receiving rape and murder threats.
  • The accused was found at the place of occurrence. He was interrogated but was evasive in answering.
  • The accused allegedly assaulted a public servant earlier.
  • If the accused is innocent, then why format his phone, tamper with the CCTV, and file a complaint on May 17?

    (With inputs from ANI)

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