Maliwal breaks down in Delhi court, says bail to Kejriwal aide will put her life in threat

AAP MP Swati Maliwal on Monday (May 27) broke down and told a Delhi court that a bail relief for Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar, whom she has accused of assaulting her, would put her and her family in danger.

Maliwal made the remarks during a hearing on a bail petition by Bibhav Kumar. The counsel for Bibhav Kumar has questioned the Delhi police probe into the case and said it is the AAP MP who should be probed for trespassing into the chief minister's residence.

Raising a political storm, Maliwal had alleged that Kumar assaulted her at the chief minister's residence on May 13. The AAP, which earlier acknowledged that Kejriwal aide's "misbehaved" with Maliwal and will face action, later alleged that she was a part of a BJP conspiracy against Kejriwal.

Kumar's counsel said they have filed a trespassing complaint against Maliwal. “She directly entered the chief minister's residence. This amounts to trespass. This is a chief minister's home, can anyone come like this? She was asked to wait outside, but she barged and crossed the security zone. Being an MP gives you the licence to do anything. This is trespass, and the FIR is against us. What kind of investigation is this?”

‘Not an ordinary person’

At one point during the hearing, Maliwal started crying. Addressing the court, Maliwal said, “I was beaten badly. AAP leaders are saying I am an agent of BJP. AAP has a huge machinery of social media trolls. If this man comes out, it will be a huge death threat on me and my family.”

Targeting Kejriwal, Maliwal said, “The CM is roaming with the accused and taking him to Lucknow and other places. They have big machinery of trolls, all party leaders have been warned to stand against me. He's (Bibhav Kumar) not an ordinary person, he gets the facilities even ministers don't get.”

Delay in police complaint

Questioning who had asked her to visit the chief minister's residence, Kumar's counsel said, “She came with something in her mind, she had premeditated thoughts before coming. She kept asking security personnel if they had spoken to Bibhav Kumar.”

Kumar's counsel also questioned the delay in Maliwal filing a police complaint. “She did not file any complaint that day. She did it three days later. She was the DCW chief, she was well aware of her rights. If her rights were violated, she should have filed the complaint immediately. Why the delay of three days,” the lawyer asked.

The lawyer also questioned police's decision to add the IPC section relating to an intent to disrobe a woman. The entire FIR, Kumar's counsel said, is an “afterthought”. “I am only seeking bail. I am not seeking acquittal or discharge but bail. Everything was pre-planned to suit the story.”

Bail plea opposed

Opposing Kumar's request for bail, Delhi police's counsel said no intent is required in this case. “You are beating a lady alone without any provocation. She was dragged. You were beating a lady in such a manner that buttons opened... here intention is not required, what you are doing may outrage modesty and that has to be seen.”

Delhi police also questioned why the chief minister's office did not file a trespassing complaint on May 13. "I am being given death threats and rape threats," the lawyer said, quoting Maliwal.

Order reserved

The magisterial court reserved till 4 pm its order on the bail plea of Kumar in the assault case.

Kumar was sent to four days' judicial custody on May 24. Metropolitan Magistrate Gaurav Goyal reserved the order after hearing the arguments.