‘Video footage deleted, phone formatted’: Court comments on Bibhav Kumar's custody in Swati Maliwal case
The court noted that the phone had been formatted and the video of the alleged attack had been erased, even though it was giving Bibhav Kumar five days of police custody.
PTC News Desk: Bibhav Kumar, an assistant to chief minister Arvind Kejriwal, was given five days of police jail by a Delhi court on Saturday for allegedly beating former DCW president Swati Maliwal earlier this week. The court acknowledged some factors of the case that "speak volumes" about the accused, such as the fact that the video tape was removed from his pendrive, while awarding custody.
The judge said that "the fact that the video footage was not found in the pendrive provided by the JE to the IO during the course of the investigation and the mobile phone was formatted by the accused speaks volumes."
On Saturday, Bibhav Kumar was placed under arrest for five days by Metropolitan Magistrate (MM) Gaurav Goyal, who noted the numerous arguments and papers that the Delhi Police had filed. The court also noted that Kumar has been the target of prior criminal cases.
"After weighing the arguments put forth by both side, I conclude that remand police custody is required in this instance. As a result, the IO's application is partially granted, and the accused is placed in police custody for five days, according to MM Gaurav Goyal.
After the clock struck midnight on May 19, the court issued an order allowing Bibhav Kumar to speak with his attorneys for 30 minutes each day between 6 and 7 p.m. While he is being held in detention, he has also been permitted to see his wife every day.
According to Atul Kumar Srivastava, the Additional Public Prosecutor (APP), the DVR footage of the incident was not supplied, even after the IO sent out a notice. The CCTV footage was delivered on a pendrive by an officer of JE rank, but when it was checked again, the video footage for the pertinent time was blank.
The APP added that it was necessary to investigate the likelihood of manipulation because Bibhav Kumar had insider access.
Concurrently, the Aam Aadmi Party announced a "Jail Bharo" march to the BJP headquarters on Sunday, criticizing the saffron party for its leaders' unjustifiable detentions. The Delhi Police declared Section 144 on DDU Marg, and AAP workers were unable to go to the BJP headquarters.