New Delhi:

A rueful Supreme Court slammed social media trolls and their actions as “really atrocious”, acknowledging that even the highest judicial forum in the country is not immune. “If we pass an order in favour of someone… the other side trolls the judge,” Justice Ujjal Bhuyan said Monday.

“Trolling in social media is really atrocious and everyone is affected. Judges are also trolled,” he said, to which his colleague, Justice Surya Kant said it is better to ignore such attacks.

“A large section of irresponsible people have, unfortunately, got access to these platforms. They are completely insensitive (and) are not aware of their duties. They only think about some alleged rights, and will continue to attack all institutions… they have to be ignored.”

The court’s comments came as it granted bail to Bibhav Kumar, the aide of Delhi Chief Minister Arvind Kejriwal. Mr Kumar was arrested 100 days ago for allegedly assaulting Rajya Sabha MP Swati Maliwal, who is a member of Mr Kejriwal’s Aam Aadmi Party, at the Chief Minister’s home.

During the hearing the representative for Ms Maliwal highlighted the trolling his client had been subject to on social media, saying, “In this case the crime did not end on May 13… since then there has been trolling and victim-shaming. I have to file a complaint… the petitioner’s friends are constantly trolling – on X, via e-mails, on other social media platforms… everywhere.”

Appearing for Mr Kumar, senior advocate Abhishek Singhvi pointed out his client could not be held responsible for the actions of others, and that he did not own X or the other platforms.

The Supreme Court’s comment on the “atrocious” trolling that has become all too common today came as it sympathised with Ms Maliwal and her condition.

That did not, however, stop the court from granting Bibhav Kumar bail.

READ | Kejriwal Aide Bibhav Kumar Gets Bail In Swati Maliwal Assault Case

As with recent high-profile bail orders – including AAP leader and ex Delhi Deputy Chief Minister Manish Sisodia and BRS lawmaker K Kavitha, both arrested in the alleged liquor policy case – the Supreme Court came down strongly on keeping accused persons in jail without a trial.

Mr Kumar has spent 100 days in jail.

“Petitioner is in custody for 100 days. Chargesheet filed. It is a case for bail, and you should not oppose. You can’t keep a person in jail in such cases,” the court told Additional Solicitor General SV Raju, who was representing Delhi Police that was opposing the grant of bail to Mr Kumar.

On July 12, the Delhi High Court had dismissed Mr Kumar’s bail plea, saying he enjoys “considerable influence” and no ground to grant him the relief was made out.

In granting bail today, the Supreme Court also underlined the ‘bail is the rule, jail is the exception’ legal principle it upheld in releasing Mr Sisodia and Ms Kavitha.

READ | “Travesty Of Justice”: Manish Sisodia Gets Bail, Supreme Court Slams Delay

Pointing to the right to personal liberty under Article 21 of the Constitution, the court observed, as it has in other cases, that one cannot curtail liberty as a practice and that doing so has consequences.

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Bibhav Kumar, an aide of Arvind Kejriwal, cannot enter the Delhi Chief Minister’s residence till all witnesses are examined in the Swati Maliwal assault case, said the Supreme Court granting him bail on Monday.

A Rajya Sabha member, Ms Maliwal,39, has alleged that Bibhav Kumar assaulted her at the Chief Minister’s residence on May 13. 

The bench of Justices Surya Kant and Ujjal Bhuyan also imposed certain conditions on Mr Kumar, saying he shall not be restored as Personal Secretary of Delhi Chief Minister or any political office associated with the Chief Minister’s office.

The top court further said that 43-year-old Kumar shall not enter the Chief Minister’s residence till all witnesses are examined.

Mr Kumar, Arvind Kejriwal’s aide since the India Against Corruption days, shall not make any public comment on the case which is sub judice before trial court, said the top court.

The court also took into account that Mr Kumar has been in custody for 100 days and chargesheet has already been filed in the case.

It also considered that there are more than 51 witnesses proposed by the prosecution for examination and the conclusion of the trial will take some time.

“Petitioner is in custody for 100 days. Chargesheet filed. Injuries are simple. It’s a case for bail, you should not oppose. You can’t keep a person in jail in such case,” said the top court to SV Raju, the lawyer representing Delhi police, who was opposing the grant of bail to Mr Kumar.

Mr Kumar had approached the top court challenging the Delhi High Court’s order denying him bail.

On July 12, High Court had dismissed Mr Kumar’s bail plea, saying he enjoys “considerable influence” and no ground to grant him the relief was made out.

The High Court had said that it cannot be ruled out that witnesses may be influenced or evidence tampered with in case Mr Kumar is released on bail.

On May 16, an FIR was registered against Mr Kumar under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.
 

New Delhi:

The Supreme Court on Thursday issued notice to Delhi Police on a bail plea filed by Bibhav Kumar, an aide of Aam Aadmi Party boss and Chief Minister Arvind Kejriwal. Mr Kumar was arrested in May after allegations of assault, inside Mr Kejriwal’s home, by AAP MP Swati Maliwal.

The next hearing has been set for August 7.

Bibhav Kumar was earlier denied bail by the Delhi High Court and a trial court.

Mr Kumar, in judicial custody till July 16, faces charges of criminal intimidation, assault or criminal force on a woman with intent to disrobe, and attempt to commit culpable homicide.

He also faces charges of “disappearing evidence and giving false information”.

In the brief hearing this morning the court acknowledged “we normally grant bail… we grant bail to murderers and killers”. However, in what may be seen as a bad sign going forward, it also remarked “look at the FIR. She (Ms Maliwal) was crying (during the assault)” and seemed unconvinced by arguments that Bibhav Kumar, if given bail, would not influence witnesses.

“If this kind of person can’t influence who can? Was anyone in the drawing room (of the Chief Minister’s home, where the alleged assault began) to speak against him… he doesn’t seem ashamed, we think,” a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan remarked.

The court, in a particularly strong observation, also called Mr Kumar a “goon”.

Earlier today senior advocate Abhishek Singhvi, appearing for Mr Kumar, began by questioning the delay by Ms Maliwal in filing her complaint. He referred to Ms Maliwal’s visit to Delhi’s Civil Lines Police Station on May 13 (the day of the alleged assault) and the “strange story” in her FIR.

READ | 500-Page Chargesheet Against Kejriwal’s Aide In Swati Maliwal Case

“Incident was on May 13. FIR was lodged May 16… the story in FIR is strange. She went on the first day to the police station but came back (Ms Maliwal did not file a police complaint or make a statement on that day). Did not lodge FIR. Three days later, FIR was lodged with injuries…”

Mr Singhvi also argued that there are contradictions in Ms Maliwal’s complaints. “Even trial court should have granted bail… there are contradictions about where she says she was hit.”

In her complaint Ms Maliwal said she was hit in the chest, stomach and pelvic areas, and that she felt “absolutely shocked and was screaming for help over and over again”.

“In order to protect myself, I pushed him away with my legs. At that time, he pounced on me, brutally dragged and deliberately pulled my shirt up,” she told the cops.

READ | AAP Says Kejriwal Home Video Exposes Swati Maliwal “Lie”, She Snaps

On the claimed delay, the court pointed out that Ms Maliwal, the former head of the Delhi Commission for Women, had called the police helpline (112) “immediately after the incident”.

Delhi Police later confirmed a call had been placed – from Ms Maliwal’s phone and from inside Mr Kejriwal’s residence. The caller did not, however, reveal their identity, the police said.

“If she is calling 112 immediately after incident, what does it show?” the court shot back.

The court also questioned claims Ms Maliwal should be prosecuted as she had “trespassed” on Mr Kejriwal’s home. “Is it a private residence or office of Chief Minister?” the court asked.

Ms Maliwal has maintained she had an appointment with the Chief Minister on that day.

Mr Singhvi then objected to the court “treating the FIR as gospel” but was told the court is only interested in due processes. “We are not bothered by your internal and other politics.”

READ | Delhi LG Backs Swati Maliwal, AAP Says It Proves Her BJP Link

Bibhav Kumar has denied all allegations by Swati Maliwal, and the AAP has claimed that their senior leader is part of a “conspiracy” orchestrated by its main rival, the Bharatiya Janata Party.

READ | Swati Maliwal Cries In Court, Claims Threat If Bibhav Kumar Gets Bail

Last month, ahead of the trial court’s verdict on his bail appeal, Ms Maliwal claimed there would be threats to her life, and her family, if Mr Kumar were to be released from jail.

The case has sparked a predictable political spat between the AAP and the BJP, which has accused Mr Kejriwal of shielding his aide. The BJP has launched multiple protests on this issue.

The BJP has also demanded that Mr Kejriwal – battling legal problems of his own following his arrest by the Enforcement Directorate in March – resign, a demand he has rebuffed.

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New Delhi:

A court here on Saturday extended till June 22 the judicial custody of Chief Minister Arvind Kejriwal’s aide Bibhav Kumar. Kumar is accused of assaulting AAP Rajya Sabha MP Swati Maliwal on May 13 at the chief minister’s official residence.

Kumar was produced through video conferencing before the duty metropolitan magistrate, who extended the custody and directed the Delhi Police to produce him on June 22.

Earlier on Friday, the court had extended Kumar’s custody by one day after noting that the investigating officer (IO) was not present.

Kumar was arrested on May 18. He was sent to police custody for five days the same day by a magisterial court, which observed that his anticipatory bail plea had become infructuous because of his arrest.

On May 24, he was sent to four days judicial custody, following which he was again remanded in police custody for three days.

An FIR was registered against Kumar on May 16 under various Indian Penal Code provisions, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

A court here on Tuesday granted three days to Delhi Police for custodial interrogation of Chief Minister Arvind Kejriwal’s aide Bibhav Kumar, who has been accused of assaulting AAP Rajya Sabha member Swati Maliwal.

Maliwal was allegedly assaulted at the chief minister’s official residence on May 13.

Metropolitan Magistrate Gaurav Goyal sent Kumar to police custody till May 31.

A detailed order from the court is awaited.

Delhi Police had sought five days’ custody of the accused.

Kumar’s counsel opposed the Delhi Police’s plea for his custodial interrogation, claiming it had no evidence.

On Monday, Kumar’s bail plea was dismissed by a sessions court, which said there appeared no “pre-meditation” by Maliwal in lodging the FIR and that her allegations could not be “swiped away”.

Kumar was arrested on May 18. He was sent to police custody for five days on the same day by a magisterial court, which observed that his anticipatory bail plea had become infructuous because of his arrest. Last Friday, he was sent to four days’ judicial custody.

The FIR against Kumar was registered on May 16 under various Indian Penal Code provisions, including for criminal intimidation, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

The police took Bibhav Kumar, accused of assaulting AAP MP Swati Maliwal, to Delhi Chief Minister Arvind Kejriwal’s residence today to recreate the alleged crime scene, an officer said.

Mr Kumar has been interrogated and the statements of around 20 people have been recorded in connection with the case, the Delhi Police officer said.

The statements of the Chief Minister and his family may also be taken if required, he said.

On Saturday, Mr Kejriwal’s aide was arrested from the Chief Minister’s residence and sent to five-day police custody.

“A team of Delhi Police officers took him to the Chief Minister’s residence to recreate the crime scene and corroborate the sequence of the incident around 5:45 pm. They remained there for almost an hour and later took him to his house, which is in the same area,” the officer said.

Swati Maliwal filed an FIR against Bibhav Kumar for allegedly assaulting her when she had gone to meet Mr Kejriwal at his residence in Delhi’s Civil Lines area on May 13. The Delhi Police later added another charge in the FIR – destruction of evidence, the officer said.

During interrogation, the investigators asked Mr Kumar why he had gone to the Chief Minister’s house on May 18, five days after the alleged incident and the day he was arrested. He was also asked about his equation with Ms Maliwal and why she was at Mr Kejriwal’s home on May 13, the officer said.

According to police, the statements of around 20 people, including the Delhi Police personnel who attended the PCR calls made by Ms Maliwal from the Chief Minister’s residence, have been recorded. This also includes some personnel posted at the Civil Lines police station, the police said.

The officer said there are a few more people whose statements are yet to be recorded.

The investigators plan to take Mr Kumar to Mumbai as they suspect he has dumped his phone data on another system before getting it formatted, the officer said.

Mr Kumar’s phone and the CCTV’s DVR were recovered from Mr Kejriwal’s home and will be sent to the forensic laboratory for further examinations. Footage from eight CCTV cameras and DVRs were collected but some did not have videos of the incident, the officer said.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Bibhav Kumar, the main accused in the Swati Maliwal assault case, has for long been Arvind Kejriwal’s shadow, with their association going back to the time when the Aam Aadmi Party did not even exist.

Forty-three-year-old Bibhav Kumar, it is learnt, holds a Master’s degree from Delhi University and a postgraduate diploma in journalism and met the AAP leader when he had been working with Kabir, an NGO founded by Arvind Kejriwal and Manish Sisodia in 2005. He also worked with Ms Maliwal on some projects after Mr Kejriwal, Mr Sisodia and journalist Abhinandan Sekhri founded the Public Cause Research Foundation.

When the India Against Corruption movement catapulted Mr Kejriwal to national limelight, Bibhav Kumar was with him.

After AAP swept the 2015 election in Delhi, Bibhav Kumar was appointed Mr Kejriwal’s private secretary. He was reappointed in 2020 when AAP returned to power in the national capital.

Known to work behind the scenes, Bibhav Kumar’s influence was such that anyone, be it mediapersons or AAP functionaries, had to go through him if he/she wanted to meet Mr Kejriwal. He is among Mr Kejriwal’s most trusted aides and is known to play a key role in shaping AAP’s strategies.   

The ‘shadow’ first came under the spotlight last year when Delhi’s directorate of vigilance questioned why he had been allotted a Type VI bungalow in violation of rules. Soon after, the Public Works Department cancelled the allotment.

In February this year, he was questioned by the Enforcement Directorate in connection with alleged irregularities in Delhi’s now-scrapped liquor policy that led to the arrest of top AAP leaders.

In April, the vigilance department terminated Bibhav Kumar’s services as Mr Kejriwal’s personal secretary, citing a 2007 case of obstructing a public servant from work. He approached the Central Administrative Tribunal, but did not get any relief.

Delhi Police, it is remand note, has questioned why Bibhav Kumar was at the Chief Minister’s residence on May 13 — when the alleged assault on Ms Maliwal took place — despite his termination.

A Rajya Sabha MP and former chairperson of Delhi Commission for Women, Ms Maliwal has accused Bibhav Kumar of assaulting her during a visit to the Chief Minister’s residence on May 13. Kumar has been arrested and is currently in police custody. 

The AAP, which had earlier said Bibhav Kumar had misbehaved with Ms Maliwal and strict action would be taken against him, has now said its MP is part of a BJP conspiracy.

“Anti-Corruption Bureau of the BJP has filed a case against Swati Maliwal regarding the illegal recruitment of contractual employees in DCW. A charge sheet has been filed and the time of conviction is coming, we believe that Swati Maliwal is being included in the conspiracy by using this case.” AAP leader Atishi told the media yesterday.

Mr Kejriwal is holding a protest march to the BJP headquarters today. Announcing the protest yesterday, he accused Prime Minister Narendra Modi of “playing the game” of sending AAP leaders such as Manish Sisodia, Satyendar Jain, and Sanjay Singh to jail.

“They are after our party and sending our leaders to jail one after another… Today you have sent my PA (Bibhav Kumar) to jail.”

New Delhi:

Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar has been sent to police custody for five days for allegedly assaulting AAP leader and Rajya Sabha MP Swati Maliwal.

In a late-night hearing yesterday, Delhi Police – while seeking Bibhav Kumar’s custody – contended before the court that it was a “serious case” where the “brutal assault” could have turned “fatal”.

“This is a very serious case where a Member of Parliament, a public figure, has been brutally assaulted which could have been fatal. Despite specific questions, the accused has not cooperated in the investigation and has been evasive in his replies,” said remand application signed by Anjitha Chepyala, Additional Deputy Commissioner of Police, North Delhi.

Police said custodial interrogation is required to find out the motive behind brutal attack and to ascertain the “conspiracy angles”.

The remand plea said they asked for the phone password of Mr Kumar, who had been working with the chief minister since 2015, but it was not given to them. Alleging that the official had destroyed evidence, they said the cellphone was formatted in Mumbai and he had claimed he had done so because it had hung.

Laying out the reasons for seeking his custody, the police said he would be taken to Mumbai and an expert would also be needed to unlock the phone, which is not possible without his presence.

Police said that Mr Kumar could threaten witnesses and tamper evidence as he was in a “position of command”

“His presence at the scene of the crime (SOC) raises a strong possibility of tampering with crucial evidence, including electronic evidence. The accused is an influential person and having worked more than nine years in an authoritative position can influence, and pressure the witnesses in the CM house,” it said.

Mr Kumar was arrested yesterday for allegedly assaulting AAP leader and Rajya Sabha MP Swati Maliwal at the chief minister’s residence on Monday. Ms Maliwal had alleged Mr Kumar had kicked her in the chest, stomach and pelvic area and had brutally “dragged her and pulled her shirt up”.

In her FIR, Ms Maliwal alleged that she was brutally assaulted by Bibhav Kumar when she went to the Chief Minister’s residence. She alleged that she was kicked, punched and abused by Mr Kumar, who is the personal secretary to Mr Kejriwal. The 39-year-old also said that her clothes were torn, and she received severe injuries on her head and her leg during the assault.

But in the new CCTV footage, Swati Maliwal does not appear to have any injuries and is even seen trying to free herself from the policewoman’s grip.

The Aam Aadmi Party and Swati Maliwal have been trading bitter barbs as each pushed back against the other over the latter’s claims

 

New Delhi:

In a late-night hearing on Saturday, a Delhi court has sent Bibhav Kumar, the personal assistant to Delhi Chief Minister and AAP chief Arvind Kejriwal, to police custody for five days. 

Mr Kumar was arrested earlier in the day for allegedly assaulting AAP leader and Rajya Sabha MP Swati Maliwal at the chief minister’s residence on Monday. Ms Maliwal had alleged Mr Kumar had kicked her in the chest, stomach and pelvic area and had brutally “dragged her and pulled her shirt up”.

The Delhi Police, which presented Mr Kumar before the Tis Hazari court and sought his custody for seven days, said the Rajya Sabha MP was badly beaten, the buttons of her top were open and that they have got some CCTV footage from the chief minister’s residence.

The police said they asked for the phone password of Mr Kumar, who had been working with the chief minister since 2015, but it was not given to them. Alleging that the official had destroyed evidence, they said the cellphone was formatted in Mumbai and he had claimed he had done so because it had hung. 

Laying out the reasons for seeking his custody, the police said he would be taken to Mumbai and an expert would also be needed to unlock the phone, which is not possible without his presence. Custodial interrogation is also required to find out the reasons for assaulting the MP, they argued. 

‘Why The Delay?’

Bibhav Kumar’s lawyer, Rajiv Mohan, pointed out that the alleged incident took place on Monday and the first information report was lodged on Thursday. No reason was given for the delay, he stressed. 

Speaking about the day’s events, Mr Mohan said Ms Maliwal had gone not to the chief minister’s office but to his residence without anybody asking her to do so. The time at which she went is also not the official time to meet anyone, he said. 

“You (Ms Maliwal) are saying that you used to go there like this, but there is no record of it. What was her purpose for going to the chief minister’s residence that day? It is not clear,” Mr Mohan told the court.  

Referring to Mr Kejriwal being on interim bail in the liquor scam case till June 2, the lawyer said  the chief minister is busy since it is election time and has been given a limited number of days by the Supreme Court. 

He said Ms Maliwal went and sat on a sofa in the drawing room and had the option of going back if she could not meet the chief minister.

“A video of her coming out of the chief minister’s residence is being circulated in the media, in which she is wearing a kurti and not a shirt. Talk of her buttons being open is not correct and neither is talk of her head banging against the central table,” Mr Mohan said. 

Accusing the Delhi Police of distorting the facts, Mr Mohan asked why the AAP leader had not filed an FIR when she had called a police helpline, 112, from the residence itself. He said she must have got a response in the posh area but did not ask for any medical help.

The lawyer said that Ms Maliwal met the Station House Officer of the Civil Lines Police Station and asked why the officer had not made a medical sheet if there was a grievous injury. He also questioned why she didn’t register a complaint at the police station. 

‘Entered Without Permission’

“You entered there (the chief minister’s residence) without permission, this is a crime. The section officer of the security staff had given a report in this regard on the same day,” he said. 

The lawyer added that the Supreme Court has ruled that no one can be pressured to share their phone’s password and also informed the court that there was no CCTV camera in the drawing room.

Earlier in the day, the Tis Hazari court had rejected Mr Kumar’s anticipatory bail stating that it was infructuous since had already been arrested.  

On this, Advocate Shadan Farasat said Mr Kumar was arrested when the anticipatory bail petition was being heard so that it became ineffective. He said the official was not told the grounds for his arrest either. 

Earlier Accusation

Responding to these arguments, the lawyer appearing for the police addressed the issue of the delay in filing an FIR and said Ms Maliwal was disturbed that an old acquaintance of hers had assaulted her. On the bail issue, the lawyer said there is no judgment that stops the police from effecting an arrest when an anticipatory bail hearing is on.

Referring to the video brought up by the defence, the lawyer said it was given to the media and not to the police and pointed out that Mr Kumar had earlier been accused of threatening a government official in Noida as well. 

New Delhi:

Arvind Kejriwal’s aide and AAP MP Swati Maliwal have filed cases against each other with both accusing the other of abuse. Swati Maliwal first filed a case claiming that she was beaten and abused by Bibhav Kumar, the secretary to Mr Kejriwal, when she visited the Delhi Chief Minister’s residence.

In a counter FIR, Mr Kumar has alleged that Swati Maliwal entered Mr Kejriwal’s residence without permission or an appointment.

The Aam Aadmi Party has also issued a statement saying that the row seems to be a conspiracy by the Bharatiya Janata Party (BJP) to destabilise AAP amid the ongoing Lok Sabha elections. AAP leader Atishi claimed that Ms Maliwal did not follow the due process and had barged into the Chief Minister’s residence.

Both the AAP and Bibhav Kumar allege that the MP “trespassed” and hurled abuses when he and the security forces asked her to leave.

Atishi, in a press conference today, pointed out a new CCTV footage which shows Swati Maliwal being escorted out of the Chief Minister’s home.

“Swati Maliwal wasn’t injured as per the footage, but she claims that she couldn’t walk. But the footage clearly shows that Maliwal is fine while leaving Arvind Kejriwal’s residence,” the AAP leader said.

She also accused Ms Maliwal of colluding with the BJP to discredit the party during the general election.

The BJP, on the other hand, has criticised Mr Kejriwal for his silence and called him the “main criminal” due to his apparent inaction during the assault.

“From corruption to misconduct to disinformation, standard operating procedure of Aam Aadmi Party, it has become their idea and etiquette to indulge in this kind of modus operandi. This incident happened with Rajya Sabha MP Swati Maliwal on 13th May. At first, they (AAP) remained silent, then after that a little bit acceptance (about the incident) was done by them, after that brazen defence of the accused was done,” said BJP spokesperson Shehzad Poonawalla.

“But they then changed their strategy and attacked the victim. Not just ‘cheerharan’ happened with ‘Draupadi’ but also character assassination,” he added.