Supreme Court Issues Notice on Bibhav Kumar’s Bail Plea in Swati Maliwal Assault Case
Last Updated on August 2, 2024 by News Desk
The Supreme Court has issued a notice on a plea by Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal, challenging the Delhi High Court’s denial of bail in the Swati Maliwal assault case. The order came from a bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan after hearing Senior Advocate Dr. Abhishek Manu Singhvi, representing Kumar. The case is set for a hearing next Wednesday.
Singhvi argued that Kumar has been in custody for 75 days, and a chargesheet has been filed since the High Court’s order. He noted that Maliwal lodged the FIR three days after the incident with support from a “friendly police” and a “friendly LG,” while Kumar’s FIR on the same day was ignored. Singhvi highlighted that Maliwal’s injuries were minor and that she did not file an FIR on the day of the incident despite visiting the police station.
Justice Kant questioned Singhvi about Maliwal’s emergency call, indicating it contradicted Singhvi’s claims of a fabricated case. The bench noted that bail is usually granted even to serious offenders, but the allegations against Kumar are severe, suggesting he continued the assault despite Maliwal’s plea to stop due to a physical condition.
Justice Datta inquired about Kumar’s role at the time of the incident, with Singhvi stating he was the political secretary to the CM, a point Justice Kant contested. The bench requested the chargesheet and MLC be placed on record.
Kumar was arrested on May 18 following Maliwal’s complaint alleging assault on May 13. The Delhi Police reported Kumar’s non-cooperation and refusal to disclose his mobile phone password, critical to the investigation. Kumar’s bail applications were denied by the trial court on May 27 and by the Sessions Court on June 7.
The Delhi High Court also denied bail, citing Kumar’s influence and the potential risk of witness tampering. The court noted Maliwal’s hesitation to lodge a complaint due to Kumar’s powerful position, suggesting the assault left her traumatized.
Kumar contends that the investigation is biased, favoring Maliwal due to her influence as an MP. He argues that both parties filed complaints, but only Maliwal’s case is being pursued. Kumar also challenged his arrest in the Delhi High Court, which issued a notice to the Delhi Police.
Written by — Athi Venkatesh AVD
