In a recent development in the Swati Maliwal assault case, Bibhav Kumar, a former aide to ex-Chief Minister Arvind Kejriwal, has contested the validity of the charge sheet cognisance taken by a magistrate court. Kumar, who is accused of assaulting AAP MP Swati Maliwal at the chief minister’s official residence on May 13, filed a revision plea through his counsel, Manish Baidwan, at a Tis Hazari sessions court on October 29.
The plea criticizes the court’s decision to accept the charge sheet, alleging it was done in a “mechanical manner” under the now-repealed criminal procedure code, instead of the newly implemented Bharatiya Nagrik Suraksha Sanhita (BNSS). Kumar’s legal team argues that the court failed to properly evaluate whether there was sufficient ground to proceed under the provisions of the BNSS, and asserts that the charge sheet itself was “defective.”
According to the plea, the court overlooked crucial evidence, such as CCTV footage that was seized during the investigation and a pending Forensic Science Laboratory (FSL) report on the collected exhibits. The charge sheet, they contend, was incomplete and led the magistrate to make a hasty decision without fully applying judicial scrutiny.
The plea also points out a specific issue with the court’s interpretation of Section 506 of the Indian Penal Code (IPC), which deals with criminal intimidation. Kumar’s lawyers highlight that the section has two parts, with varying degrees of punishment, and the court’s order failed to specify which part was being applied. This oversight, they claim, renders the cognisance order legally deficient.
The charges against Kumar include serious allegations such as attempt to commit culpable homicide, wrongful restraint, and multiple counts related to assault and criminal force against a woman, which include intentions to outrage and disrobe her modesty.
