The Supreme Court has issued a notice to the Delhi Police regarding a plea filed by Bibhav Kumar, an aide to Chief Minister Arvind Kejriwal, who is challenging the Delhi High Court's decision to deny him bail. Kumar is accused of assaulting Aam Aadmi Party (AAP) Rajya Sabha member Swati Maliwal. The case will be heard on August 7 by a bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan.
During the hearing, the bench expressed surprise at the nature of the allegations, questioning the appropriateness of Kumar's behaviour at the Chief Minister's residence. The justices remarked on the severity of the accusations, suggesting that the case involves more than just minor injuries.
Senior advocate Abhishek Manu Singhvi, representing Kumar, argued that there are inconsistencies in Maliwal's statements. Singhvi pointed out that Maliwal initially went to the police station without filing an FIR and claimed that her accounts of the incident have contradictions. The bench responded by highlighting that Maliwal called the police using the helpline number 112, which indicates the seriousness of the situation.
Singhvi further pressed for Kumar's bail, but the bench noted the alarming nature of the FIR and questioned Kumar's authority and influence. The justices expressed concern over the potential for witness intimidation if Kumar were to be released on bail. They emphasised the importance of the chargesheet being placed on record for review.
On July 12, the Delhi High Court denied Kumar's bail plea, citing his considerable influence and the risk of tampering with evidence or influencing witnesses. The High Court stated that no grounds were found to grant Kumar the relief he sought.
The FIR against Kumar was filed on May 16, and it includes charges under various sections of the Indian Penal Code, such as criminal intimidation, assault or use of criminal force on a woman with the intent to disrobe, and attempted culpable homicide.
Kumar's initial bail plea was rejected by a Tis Hazari court on May 26, prompting him to approach the High Court. Kumar has claimed that the allegations are false and that his custody is no longer necessary since the investigation is complete.
The Delhi Police opposed Kumar's bail plea, arguing that his release could influence the ongoing investigation. Kumar is accused of assaulting Maliwal at the Chief Minister's residence in New Delhi on May 13. The police have raised concerns about the possibility of witness tampering and evidence manipulation if Kumar were granted bail.
The case continues to draw significant attention, given the high-profile nature of the individuals involved and the serious allegations of assault and intimidation. The upcoming hearing on August 7 will be crucial in determining the course of the case and whether Kumar will be granted bail.
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