Swati Maliwal assault case: SC notice to Delhi police on Bibhav Kumar's plea against denial of bail
New Delhi: The Supreme Court on Thursday issued notice to Delhi police on a plea filed by Chief Minister Arvind Kejriwal's aide, Bibhav Kumar, accused of assaulting AAP Rajya Sabha member Swati Maliwal, challenging the Delhi High Court's order denying him bail.
A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan posted the matter for hearing on August 7.
During the hearing, the bench questioned Kumar's counsel for assaulting Maliwal, saying, "Is the Chief Minister's residence a private bungalow? Is this kind of goon supposed to work in a CM residence? We are shocked; this is not about minor or major injuries."
Senior advocate Abhishek Manu Singhvi, appearing for Kumar, said that there are contradictions in Maliwal's statement about where she says she was hit and that she went to the police station on the day of the incident but came back without lodging an FIR.
In the response, the bench asked about the fact that Malliwal called the police using the helpline number (112).
As Singhvi urged the apex court for the grant of bail, the bench said, "You are right, we grant bail to murderers and killers. But here, look at the FIR. She is crying about her physical condition. Did you have authority? If this kind of person cannot influence witnesses, then who can? Was anyone there in the drawing room to speak against him, you think? He doesn't seem ashamed, we think."
Singhvi then said the FIR lodged by Maliwal should not be treated as gospel truth.
"We don't want to read in open court... but once she tells him to stop because of this particular physical condition... this man continues. What he thinks, power has gotten to his head?" asked the bench.
Singhvi said Kumar has been in custody for 75 days and the chargesheet has been filed.
The bench asked that the chargesheet be placed on record before it was perused.
On July 12, the High Court dismissed Kumar's bail plea, saying he enjoys "considerable influence" and no ground to grant him the relief was made out.
The High Court had said that it cannot be ruled out that witnesses may be influenced or evidence tampered with in the event that Kumar is released on bail.
On May 16, an FIR was registered against Kumar under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.
Kumar moved the High Court after a Tis Hazari court here dismissed his bail plea on May 26. Approaching the High Court, Kumar sought bail and claimed the allegations were false and his custody was no longer required as the investigation was over.
The Delhi Police had opposed Kumar's bail plea saying that releasing him on bail may influence the probe. Bibhav Kumar is accused of assaulting Maliwal at the Chief Minister's residence in New Delhi on May 13.
