FORMER Chief Minister Arvind Kejriwal’saide Bibhav Kumar has challenged before a Delhi court an order that took cognisance of the police’s chargesheet against him for allegedly assaultingAAP MP Swati Maliwal. Kumar is accused of assaulting Maliwalat the Chief Minister’s official residence on May 13 and is currently on bail.A magistrate court took cognisance of the chargesheet against him on July 30.On October 29,Kumar’scounsel Manish Baidwan filed therevision plea inaTisHazari sessions court arguing cognisance was take nina“mechanical manner” under the repealed criminal procedure code instead of the new Bharatiya Nagrik Suraksha Sanhita (BNSS).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 thecognisanceorderonlyon the basis of an incomplete chargesheet, it added. Theplea alleged the trialcourt took cognisance on the basis of a“cryptic final report”and“failed to apply its judicial mind”.