Maliwal assault case: Ex-Delhi CM aide moves against chargesheet cognisance

New Delhi: Former chief minister Arvind Kejriwal’s aide Bibhav Kumar has challenged before a Delhi court an order that took cognisance of the police’s charge sheet against him for allegedly assaulting AAP MP Swati Maliwal.

Kumar is accused of assaulting Maliwal at the chief minister’s official residence on May 13 and is currently on bail. A magistrate court took cognisance of the charge sheet against him on July 30.

October 29, Kumar’s counsel Manish Baidwan filed the revision plea in a Tis Hazari sessions court arguing cognisance was taken in a “mechanical manner” under the repealed criminal procedure code instead of the new Bharatiya Nagrik Suraksha Sanhita (BNSS). It said, “Cognisance requires consideration whether there is sufficient ground for proceeding further for taking action under subsequent provisions of the new BNSS, which is missing in the present case.”

The plea further claimed discrepancies on various grounds, including the final report being “defective”.

“It is important to mention herein that during the investigation, important evidence like CCTV footage was obtained and seized, and a FSL report is still pending regarding the exhibits,” it alleged.

While important evidence was not considered, the court passed the cognisance order only on the basis of an incomplete chargesheet, it added.

The plea alleged the trial court took cognisance on the basis of a “cryptic final report” and “failed to apply its judicial mind”.