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 – Delhi Chief Minister Arvind Kejriwal’s aide, who has been accused of harassing ruling Aam Aadmi Party leader and Rajya Sabha MP Swati Maliwal – has been summoned by the National Commission for Women. Mr Kumar has been called to the NCW’s city office at 11 am Friday.

Allegations Ms Maliwal – the ex-Delhi Commission for Women Chairperson – was assaulted and harassed by Bibhav Kumar while at the Chief Minister’s residence have rocked the ruling party.

The allegations broke Monday after Delhi Police said two emergency calls claiming harassment were received from numbers registered to Ms Maliwal. The cops said the former women’s panel chief then showed up at the city’s Civil Lines Police Station but left without filing a formal complaint.

Ms Maliwal has yet to confirm or comment on the allegations.

However, a day after the alleged assault, and amid furious speculation over Ms Maliwal’s silence, AAP MP Sanjay Singh responded, labelling the incident “shameful” and stressing action would be taken.

READ | Kejriwal Office Staffer “Misbehaved” With Swati Maliwal: AAP Leader

“A very distressing incident took place yesterday (Monday) morning. Arvind Kejriwal had called Swati Maliwal for a meeting. She was waiting in the drawing room to meet him when Bibhav Kumar came in and misbehaved with her. After this, Ms Maliwal called the police and told them what happened.”

“Arvind Kejriwal has taken cognisance and said strictest possible action should be taken…” he said.

The allegations have triggered a fierce political row between the AAP and the opposition Bharatiya Janata Party, which are the main contenders for the national capital’s seven Lok Sabha seats, which will vote next week in the fifth of a seven-phase election. In 2019 the BJP won all seven seats.

#WATCH | Delhi BJP President Virendraa Sachdeva says, “We know that Vibhav Kumar is Arvind Kejriwal’s associate and handles all his work…Who insighted him? Who gave him the directions? All this should be investigated…It would have been better if Sanjay Singh himself went to… https://t.co/j1M6uh6vDSpic.twitter.com/GnnguiItwR

— ANI (@ANI) May 14, 2024

Speaking immediately after Mr Singh’s statement Tuesday, the BJP’s Delhi boss, Virendra Sachdeva, told NDTV, “Why were they silent for 36 hours? Where was the Chief Minister? A Rajya Sabha MP… a woman… was misbehaved with at Mr Kejriwal’s home and you are taking cognisance only now?

The BJP has also accused Mr Kejriwal – released from Delhi’s Tihar Jail on bail last week, following his arrest in March on corruption charges, so he can campaign for his party – of shielding Mr Kumar.

READ | Kejriwal Avoids Questions On Swati Maliwal, AAP Leader Replies

An under-fire AAP hit back earlier today, with Sanjay Singh demanding the BJP first answer questions about crimes against women in Manipur and allegations of sex crimes against Karnataka lawmaker Prajwal Revanna, who is a member of the Janata Dal Secular that is allied with the saffron party.

READ | JDS Leader On The Run In Sex Tapes Case Back This Week?

“When our wrestler daughters were fighting for justice (referring to allegations of sexual assault against national wrestling body chief and BJP MP Brij Bhushan Singh), it was Swati Maliwal who went to support them… and was beaten by police,” Mr Singh, also out on bail, declared to reporters.

“The Aam Aadmi Party is a family… has made its stance clear. I want Prime Minister (Narendra Modi) and the BJP to respond to issues I have raised…” he said.

Significantly, Mr Singh’s counter came after questions regarding the Swati Maliwal row had been asked of Arvind Kejriwal. Mr Singh seemed to answer on behalf of the party boss, who stayed silent.

The BJP has launched protests over a police case against Mr Kumar and “justice” for Ms Maliwal.

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