The Delhi Police had sought seven-day custody of Kumar to question him in connection with the assault case. It is alleged that Kumar, the personal assistant of Kejriwal, assaulted Maliwal at the CM’s residence on May 13 morning. Police told the court that Kumar’s custody was necessary for questioning him about the reason for the assault. They said Kumar did not provide the password of his mobile phone to the investigating agency and had also informed them that his phone had been formatted in Mumbai due to some malfunctioning in the device. Police said that before being formatted, the data of a mobile phone had to be cloned, and Kumar was required to be taken to Mumbai for retrieving the data. The accused’s presence was also needed when his mobile phone is opened by an expert, they said. Countering the arguments, Kumar’s counsel Rajiv Mohan said that there was no record of Maliwal’s visit to the CM’s residence before May 13, nor did she clarify the reason for registering the FIR only on May 16. The FIR was registered at the Civil Lines police station. He said that Maliwal visited the CM’s residence without an appointment and that the Delhi Police was distorting the facts. The advocate said that Maliwal did not seek any medical aid after calling the emergency helpline number 112, nor did the station house officer prepare any medical sheet after meeting her. Mohan alleged that Maliwal was politicizing the issue of having suffered injuries and was also giving statements to the media. He said that Kumar’s mobile phone was not required for investigation as Maliwal had nowhere alleged about threatening phone or WhatsApp calls. When the grounds of arrest are “not justified,” there is no question of police custody, the advocate had argued. Another counsel for Kumar, Shadan Farasat, claimed that Kumar’s lawyers were not given a copy of the FIR, while it was circulated in the media. He claimed that Kumar was arrested solely to defeat the purpose of filing the anticipatory bail. In its rebuttal, the Delhi Police’s counsel said that according to the FIR, Maliwal was “in shock” after being assaulted and after recovering lodged the official complaint.
Delhi CM Aide Arrested in Assault Case
