Court allows 5-day police custody of Bibhav Kumar in Swati Maliwal assault case
New Delhi (PTI): A Delhi court allowed five-day custodial interrogation of Chief Minister Arvind Kejriwal's aide Bibhav Kumar in the Swati Maliwal assault case, sing the police remand was a "necessity" in the matter.
Metropolitan Magistrate Gaurav Goyal was hearing the application of Delhi Police which was represented by Additional Public Prosecutor Atul Srivastava. The police had sought seven day custody.
It is alleged that Kumar, who is Kejriwal's personal assistant, assaulted AAP MP Swati Maliwal at the CM's residence on May 13.
"Considering the submissions made on behalf of both the parties, I find there is a necessity of police custody remand in the present case. Accordingly, the application moved by the investigating officer (IO) is partly allowed and the accused is remanded to police custody for five days," the court said in its order passed around 12:45 AM Sunday.
It noted the prosecution's submissions about the need to take Kumar to Mumbai and other parts of the national capital to collect evidence, which was not possible without the accused's custody.
"Admittedly, the case is at a nascent stage. Allegations made in the FIR are corroborated in her (Maliwal's) statement recorded by the magistrate on oath and further, it is again corroborated in the medico-legal case (MLC) of the victim or complainant," the court said.
The magistrate also observed, "I am aware of the view of constitutional courts that the opportunity must be given to the investigating agency to complete the investigation in order to reach the truth of the matter but at the same time the rights of the accused are also to be protected."
Asking the Investigating Officer to take Kumar into formal custody, the court directed his medical examination every 24 hours and said the investigating agency would not subject the accused to "any torture."
It also allowed Kumar to meet his advocate and wife for half an hour each during the police custody.
Kumar's application for providing requisite medicines was also allowed.
The proceedings which commenced around 9: 15 PM Saturday saw initial arguments by Srivastava following which the magistrate said, "I find force in the arguments of the APP (Additional Public Prosecutor) that there were sufficient grounds to arrest the accused without notice."
The prosecutor made several arguments, including those mentioned in the remand application and also that the "means or weapon" by which Kumar assaulted Maliwal had to be recovered.
The vehement counter-arguments by Kumar's counsels continued for more than one-and-a-half hours. One of his counsels, Rajiv Mohan, claimed that Maliwal had lodged the FIR "belatedly after deliberation and concoction."
The Delhi Police arrested Kumar earlier on Saturday and his anticipatory bail plea was subsequently observed as becoming "infructuous" by a Delhi court.
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Rickelton's ton in vain as SRH beat MI by 6 wickets
Mumbai (PTI): Ryan Rickelton's whirlwind unbeaten ton was overshadowed by Heinrich Klaasen's unbeaten 65 as Sunrisers Hyderabad defeated Mumbai Indians by six wickets in an IPL match here on Wednesday.
Chasing an imposing 244-run target, Travis Head (76 off 30) and Abhishek Sharma (45 off 24) shared 129 runs for the opening wicket to set the platform for SRH.
Klaasen (65 not out off 30 balls) then displayed his all-round hitting abilities to guide SRH home with the help of Nitish Kumar Reddy (21) and Salil Arora (30 not out off 10) in 18.4 overs.
Earlier, Rickelton's knock powered MI to 243 for five.
MI rode on a 93-run stand between Rickelton (123 not out off 55 balls) and Will Jacks (46 off 22) in 7.1 overs for the opening stand to power the side.
MI skipper Hardik Pandya scored a valuable 31 off 15 balls before being dismissed.
Praful Hinge (2/54), Eshan Malinga (1/29), Sakib Hasan (1/39) and Nitish Kumar Reddy (1/31) were the wicket-takers for SRH.
Brief Scores:
Mumbai Indian: 243 for 5 in 20 overs (Ryan Rickelton 123 not out; Praful Hinge 2/54).
Sunrisers Hyderabad: 249 for 4 in 18.4 overs (Travis Head 76, Heinrich Klaasen 65 not out; AM Ghazanfar 2/51).
