The Tis Hazari court on Friday sent Chief Minister's aide Bibhav Kumar to 14-day judicial custody in the alleged attack on Aam Aadmi Party (AAP) MP Swati Maliwal. Kumar was produced before the court after his three-day police custody granted to him on May 28 ended on Friday. He was arrested by the Delhi Police on May 18 in connection with the case.
Metropolitan Magistrate Gaurav Goel sent Bibhav Kumar to judicial custody. He will be produced before the court on June 14. He said the investigation is still in the preliminary stage. It will require time to complete it. Given the arguments of both sides and the facts of the case, accused Bibhav Kumar was sent to 14 days judicial custody and produced on June 14.
The Delhi Police had sought 14-day judicial custody of Bibhav Kumar after interrogation. The Additional Public Prosecutor (APP) said the judicial custody of the accused is required for proper investigation to prevent the accused from tampering with evidence and to prevent him from luring or threatening any witness. Defense lawyers Rajat Bhardwaj and Karan Sharma opposed the judicial custody plea. They said the accused is not in a position to interfere with the investigation or tamper with evidence.
Decision reserved in High Court on Bibhav's plea
The High Court on Friday reserved its verdict on a criminal writ petition filed by Bibhav Kumar, accused of assaulting MP Swati Maliwal, against his arrest. He is accused of attacking MP Swati Maliwal.
Justice Swarnakanta Sharma heard preliminary arguments on this aspect. The Delhi Police said Bibhav has the alternative remedy of filing a revision petition against the order of the magistrate who dismissed his plea challenging his arrest.
Delhi High Court Justice Naveen Chawla transferred the matter to Justice Sharma's court, which is a roster bench for cases involving Members of Parliament and Members of Legislative Assembly (MPs/MLAs).
Senior advocate Sanjay Jain, appearing for Delhi Police, opposed the petition and argued that Kumar's plea was not maintainable as the magistrate court had disposed of a similar petition. Opposing Jain's arguments, senior advocate N Hariharan, appearing for Kumar, said that his main prayer is to declare the arrest illegal as Article 21 of the Constitution of India has been violated.
On the other hand, the High Court reprimanded the petitioner on the petition filed to stop reporting in the Maliwal case. The High Court said that when Maliwal has no objection, then who are you? This petition has been filed only for publicity.
On Wednesday, Bibhav Kumar filed a petition in the Delhi High Court challenging the trial court's order refusing bail in the assault case filed by Aam Aadmi Party MP Swati Maliwal. Bibhav had called his arrest illegal in the petition. Bibhav had also demanded compensation for his illegal arrest in the petition. In the petition, Bibhav said that my arrest was illegal. I have been forcibly kept in police custody. I should get compensation for being forcibly kept in custody. There should be a departmental inquiry against the policemen.
The court had extended the police custody for three days
The court sent Chief Minister Arvind Kejriwal's secretary Bibhav Kumar, arrested on May 28 in the case of assaulting AAP MP Swati Maliwal, to police custody for three days again. Bibhav was produced in the court of Metropolitan Magistrate Gaurav Goyal after his four-day judicial custody ended. The police had sought five days of Bibhav's custody from the court, but the magistrate granted three days.
Earlier on May 27, the Tis Hazari Court had rejected Bibhav Kumar's bail plea. Bibhav Kumar was arrested by the Delhi Police on May 18 in the Swati Maliwal case. Swati Maliwal had accused Vibhav Kumar of attacking the Chief Minister's residence on May 13. While on one hand, Swati has accused Bibhav of assault, on the other hand, Vibhav complained to the police that Swati had entered the Chief Minister's residence without permission. Bibhav has also accused Swati of implicating him in a false case.
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