Maliwal breaks down in court during Bibhav Kumar's bail hearing
Aam Aadmi Party (AAP) MP Swati Maliwal on Monday broke down in Delhi's Tis Hazari court during the bail hearing of Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar, while the defense counsel was presenting their argument. Kumar was arrested on May 18 for allegedly physically assaulting Maliwal at CM's residence. In her complaint on May 16, Maliwal alleged that Kumar "slapped" her "seven to eight times," "brutally dragged" her, and kicked her in the "chest, stomach, and pelvis area."
Why does this story matter?
Maliwal's allegations and subsequent complaint against Kumar have triggered a political slugfest between the AAP and the Bharatiya Janata Party. The AAP has refuted the charges, with Delhi Minister Atishi alleging that Maliwal was "blackmailed" by the BJP to become part of a "conspiracy" against Kejriwal. Meanwhile, the Delhi CM has said that "two versions" of the incident have emerged and has called for a fair trial in the case.
Charges against Kumar
The CM's aide has been booked under various sections of the Indian Penal Code, including 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354 (B) (assault or use of criminal force to a woman with intent to disrobe), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman). The police later added destruction of evidence charge to the FIR.
Defense questions Maliwal's allegations in court
On Monday, senior advocate N Hariharan, representing Kumar, argued that Maliwal had trespassed into Kejriwal's residence without an appointment. "Can anyone enter in this manner...This is the official residence of the chief minister. She did not have an appointment...nor did she send any message...Kumar was not present at that time. She was stopped by the security personnel but proceeded to sit in the waiting room," the counsel said.
'How can such incident take place at CM residence'
He further told the court that there was "no grievous injury" on the AAP MP. "Kindly look at the place where the alleged incident took place where many people were present...How can such an incident take place at this place (CM's residence)? There is no grievous injury on the vital part, so where is the question of culpable homicide not amounting to murder? The injuries can be self-inflicted," he said.
Maliwal's allegations 'pre-planned'
According to the defence counsel, Maliwal's allegations "do not make out a case of intention to disrobe her". Following this statement, the AAP MP broke down in the court. Hariharan went on to say that all the allegations made by Maliwal were "pre-planned" and "tailor-made" to "suit her story." "This entire FIR is the result of afterthought...I am seeking bail only, not the acquittal," he told the court.
Won't quit AAP: Maliwal
Meanwhile, Maliwal in an interview with The Indian Express has said that she will not quit the AAP as it "does not belong to two or three people." "Despite being beaten up so badly...I tried to compose myself because there was a larger election underway and I knew this issue would be politicized...They've harmed the entire women's movement by victim shaming," she said. The MP added that no one from the BJP approached her after the incident on May 13.
