Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal broke down in court on Monday after a lawyer of Arvind Kejriwal's aide Bibhav Kumar said that she chose the spot of the alleged assault on May 13 at the Delhi Chief Minister's residence because there was no CCTV, which could record the incident.
On her part, the former Delhi Commission for Women chairperson slammed AAP's "army of trolls", blamed a popular YouTuber for increasing rape and death threats, and told the court that if Bibhav Kumar was granted bail, then "there is danger to my life, as well as my family's".
The Tis Hazari Court in Delhi was hearing a bail plea filed by the Chief Minister's aide, whose judicial custody is set to end tomorrow after it was extended for four days on May 24.
Speaking on behalf of his client, Bibhav Kumar's lawyer said, "It was all premeditated. False allegations against me to malign me for whatever reason she has, for thinking I was responsible for her not meeting the Chief Minister."
"The drawing room (at Kejriwal's residence) where the alleged incident took place was not covered by any CCTV. That is why she chose the location. She knows there's no CCTV. She can conveniently be there and make allegations later," he added.
The lawyer went on to say that what Maliwal did on May 13 "amounts to trespass".
"Can anyone enter anywhere like that? It is the Chief Minister's residence. Being an MP does not give you a licence to do whatever you like. There was provocation from her end. She came with pre-meditated intent to create trouble. Although she's been a frequent visitor, that does not give her the right to trespass."
Commenting on the section in Maliwal's police FIR that says "assault with intent to disrobe", the lawyer said, "The allegations don’t make a case that there was an intent to disrobe her. The intent to disrobe is completely different. If I cite ancient times, it is an offence which could be applicable to the Kauravas for what they did to Draupadi."
Addressing the court, Maliwal said that she has been repeatedly called a BJP agent since she reported the alleged assault.
"They (AAP) have an army of trolls. The entire party machinery has been deployed. Continuous press conferences were held against me. This man (Bibhav Kumar) is not normal," the Rajya Sabha MP said.
Without mentioning the name of YouTuber Dhruv Rathee, Maliwal told the court that "a YouTuber, who was earlier a volunteer, made a one-sided video. After the video, I started getting death and rape threats continuously".
On Sunday, the AAP MP called out the YouTuber for posting the video and said in a tweet, ""After the leaders and volunteers of my party i.e. AAP orchestrated a campaign of character assassination, victim shaming and fanning of emotions against me, I have been getting rape and death threats. This got further exacerbated when YouTuber Dhruv Rathee posted a one-sided video against me."
While presenting his arguments, Maliwal's lawyer said Bibhav Kumar was not cooperating in the investigation and evading questions asked by the police.
"If Swati Maliwal had trespassed, as per Bibhav Kumar's lawyer, then why has there been no complaint in this regard? Her medical examination was done three-four days later, but that does not mean that it has no meaning. It still matters," he said.
Meanwhile, the Delhi Police counsel said, "How was it trespassing when she was asked to wait there (Chief Minister's residence). She wasn’t the trespasser, Bibhav was the trespasser."
A massive political controversy broke out in the national capital two weeks agao when Swati Maliwal alleged that Arvind Kejriwal's aide Bibhav Kumar hit her with "full force again and again" and she was "kicked and slapped seven-to-eight times" at the Chief Minister's residence.
In response, Kejriwal has said justice will be served with a fair investigation into the assault case as there are two versions of it.
