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:

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.”