Swati Maliwal breaks down during bail hearing of Bibhav Kumar

New Delhi: Swati Maliwal on Monday broke down when the defence counsel was arguing during the bail hearing of Arvind Kejriwal’s PA Bibhav Kumar in the Tis Hazari court.

Senior advocate N Hariharan appearing for Kumar told the court that in this FIR, section 308 IPC has been invoked which is triable by the Court of Session.

He argued that she went to CM's residence and called the PA.

“Bibhav Kumar was not present at the CM residence, then she (Swati Maliwal) went towards the CM residence. Can anyone enter in this manner, this is the official residence of CM," Sr Advocate Hariharan argued.

“There was trespass and a report was also filed. She did not have an appointment for the meeting, there was no message of her arrival,” he argued.

“She (Swati Maliwal) was stopped by the security personnel. She asked them whether they would keep an MP waiting. She sat in the waiting room and asked security to talk to Bibhav Kumar,” the defence counsel submitted.

“What she is stating in the FIR, is not true. This FIR is not the result of contemporaneous complaints. FIR was lodged after three days,” Sr Advocate argued.

“How you will not accept what we are saying...There was no occasion to say such things,” he argued. 

“Kindly look at the place where the alleged incident took place where many people were present, N Hariharan submitted. How such an incident can take place at this place, he added. There are many hospitals in the area, but she was taken to AIIMS for medical,” Sr. Advocate argued.

“There is no grievous injury on the vital part, so where is the question of Culpable homicide not amounting to murder,” Sr Advocate argued Defence counsel N Hariharan argued that the injuries can be self-inflicted.

When he said the allegations do not make out a case of intention to disrobe her, Maliwal, who was present in the courtroom, broke down.

“This entire FIR is the result of an afterthought, Sr. advocate argued. I am seeking bail only, not the acquittal. CCTV has already been recovered, so there is no question of tempering, sr. Advocate. My (Bibhav's) availability to police investigation is from the very beginning,” Sr. Advocate argued.