The case involving the alleged assault of Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal by Arvind Kejriwal's former aide, Bibhav Kumar, at the Delhi Chief Minister's residence has rapidly evolved into a complex political tango. Amid the wave of allegations and counter-allegations, it becomes extremely crucial to sift all the inputs in a manner that justice is served without prejudice, and with a sense of impartiality.
Maliwal, who also served as the chairperson of Delhi Commission for Women (DCW) till recently, has levelled very serious allegations against Kumar, accusing him of a brutal physical assault on May 13. According to her, Kumar slapped and hit her in the chest, stomach and the pelvic area with legs, and when she managed to call for help, he attempted to discredit her by filming her distress. Such a treatment of any woman of the country, irrespective of her power and position, deserves the strictest possible punishment. However, the allegations stand challenged — not just by Kumar, but also by the Aam Aadmi Party in general, giving the entire episode a political colour.
Meanwhile, IPC sections pertaining to attempted culpable homicide, assault, using criminal force on a woman to disrobe her modesty, and criminal intimidation, have been slapped against Kumar. Delhi Police, in its remand letter, is learnt to have termed the case to be “serious” where the "brutal assault" could have turned "fatal".
Given the gravity of the case, the AAP could have ideally extended support to Swati Maliwal while carrying out due investigation against the accused. But AAP’s counter-attack on Swati Maliwal is premised on the evidence in the form of CCTV footage where Maliwal can be seen being escorted by a female security personnel — which counters her narrative of being reduced to a state where even walking was difficult.
One of the leading Delhi Government Ministers, Atishi Marlena, has been blunt in suggesting that Swati Maliwal is playing at the hands of the BJP, possibly under the pressure of an Anti-Corruption Bureau (ACB) case against her. If Maliwal’s charges are grave, Atishi’s allegation of political foul flay is no less scathing! One major omission in the entire episode has been that of the citation of any particular trigger/reason behind the alleged assault. Certainly, the truth of the matter will come out after proper investigation. However, for now, without holding any prejudices, all focus must be put on the validation of Maliwal’s accusations.
To the dismay of Delhi Police and general public, Bibhav Kumar is learnt not to have cooperated with the police in certain aspects of the investigation. As a public representative, it is expected of him to cooperate with the police in the best possible manner. Owing to his lack of support, the only major evidence is the CCTV footage presented by the AAP. Maliwal claims that the footage of the incident has mysteriously disappeared, with only selectively edited clips being released to the public. The allegations took a more troubling turn when it was revealed that Kumar's phone had been formatted, potentially erasing vital evidence. Kumar's defence has further argued in the court that there is a lack of immediate medical documentation of the assault and questioned why Maliwal did not seek medical attention immediately.
As things stand presently, convinced of the theory that the BJP, through Maliwal, is trying to tarnish the image of the AAP in the midst of the election to distract it from its governance path, AAP leaders decided to march to BJP Headquarters. Beyond these political attacks and counter-attacks, the core of the case should not be lost. As investigations proceed, the outcome is most likely to be very bitter for the general populace to swallow! Either of the two truths — Bibhav Kumar’s assault on Swati Maliwal (and AAP’s inability to be impartial) or a false case by the former DCW chief due to political compulsions — will undermine the state of Indian polity.