The Supreme Court issued a notice to Delhi Police on Thursday against the bail plea of Bibhav Kumar, an aide of Aam Aadmi Party national convenor and Delhi Chief Minister Arvind Kejriwal. Kumar had been arrested in May over the alleged assault of AAP MP Swati Maliwal inside Kejriwal's residence.
The court set the next hearing for August 7. Earlier, Bibhav Kumar had been denied bail by the Delhi High Court and a trial court. Kumar, whose judicial custody ended on July 16, faces serious charges of criminal intimidation, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.
Addtionally, he is also accused of trying to tamper with and make evidence go away along with giving false information.
The court, in a brief hearing on Thursday morning, noted, "We normally grant bail...we grant bail to murderers and killers." The court, seemingly unconvinced that Bibhav Kumar would not influence witnesses if granted bail, observed that it might be seen as a bad sign going forward stating, "look at the FIR. She (Ms Maliwal) was crying (during the assault)."
A bench comprising of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan remarked, "If this kind of person can't influence who can? Was anyone in the drawing room (of the Chief Minister's home, where the alleged assault began) to speak against him... he doesn't seem ashamed, we think." Moreover, the court in very strong words termed Kumar a "goon".
Earlier in the day, senior advocate Abhishek Singhvi, appearing for Bibhav Kumar questioned the delay by Maliwal in filing her complaint referring to her visit to Delhi Civil Lines Police Station on May 13, the day of the alleged assault, and the "strange story" in her FIR.
"Incident was on May 13. FIR was lodged May 16... the story in FIR is strange. She went on the first day to the police station but came back (Ms Maliwal did not file a police complaint or make a statement on that day). Did not lodge FIR. Three days later, FIR was lodged with injuries..."
Furthermore, he argued that Maliwal's complaints were contradictory. "Even trial court should have granted bail... there are contradictions about where she says she was hit," he said.
Maliwal had mentioned in her complaint that she was hit in the chest, stomach and pelvic areas and that she felt "absolutely shocked and was screaming for help over and over again".
"In order to protect myself, I pushed him away with my legs. At that time, he pounced on me, brutally dragged and deliberately pulled my shirt up," she narrated before the police.
However, the court pointed out that Maliwal had "immediately after the incident" called the police helpline number to debunk the claimed delay in filing complaint.
Later on, Delhi Police confirmed that a call had been placed by the former Delhi Commission for Women head from inside the residence of Kejriwal. However, the caller did not reveal their identity, said the police.
"If she is calling 112 immediately after incident, what does it show?" the court questioned. The bench also questioned claims that Maliwal should be prosecuted as she had "trespassed" on Kejriwal's home. "Is it a private residence or office of Chief Minister?" asked the court.
Maliwal has maintained that she had an appointment with Arvind Kejriwal on that day.
Singhvi then questioned the court stated that it was "treating the FIR as gospel", only to be told that the court is interested in the due processes. "We are not bothered by your internal and other politics," the bench retorted.
Notably, Bibhav Kumar has denied all allegations leveled against him by Swati Maliwal. Meanwhile, AAP has claimed that their the senior leader has fallen victim to a "conspiracy" orchestrated by the Bharatiya Janata Party.
Ahead of the trial court's verdict last month, Maliwal had claimed that there would be threats to her life, and her family, if Kumar were to be released from jail.
The matter has sparked a political spat between the AAP and the BJP, with the latter accusing Kejriwal of shielding his aide. Several protests were launched by the BJP over the issue.
They also demanded that Kejriwal - who is currently battling legal cases himself after his arrest by the Enforcement Directorate in March - should resign, which has been rebuffed by the AAP chief.
