The Supreme Court on Thursday issued notice to Delhi Police on a bail plea filed by Bibhav Kumar, an aide of Aam Aadmi Party boss and Chief Minister Arvind Kejriwal. Mr Kumar was arrested in May after allegations of assault, inside Mr Kejriwal’s home, by AAP MP Swati Maliwal.
The next hearing has been set for August 7.
Bibhav Kumar was earlier denied bail by the Delhi High Court and a trial court.
Mr Kumar, in judicial custody till July 16, faces charges of criminal intimidation, assault or criminal force on a woman with intent to disrobe, and attempt to commit culpable homicide.
He also faces charges of “disappearing evidence and giving false information“.
In the brief hearing this morning the court acknowledged “we normally grant bail… we grant bail to murderers and killers”. However, in what may be seen as a bad sign going forward, it also remarked “look at the FIR. She (Ms Maliwal) was crying (during the assault)” and seemed unconvinced by arguments that Bibhav Kumar, if given bail, would not influence witnesses.
“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,” a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan remarked.
The court, in a particularly strong observation, also called Mr Kumar a “goon”.
Earlier today senior advocate Abhishek Singhvi, appearing for Mr Kumar, began by questioning the delay by Ms Maliwal in filing her complaint. He referred to Ms Maliwal’s visit to Delhi’s 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…”
Mr Singhvi also argued that there are contradictions in Ms Maliwal’s complaints. “Even trial court should have granted bail… there are contradictions about where she says she was hit.”
In her complaint Ms Maliwal said 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 told the cops.
On the claimed delay, the court pointed out that Ms Maliwal, the former head of the Delhi Commission for Women, had called the police helpline (112) “immediately after the incident”.
Delhi Police later confirmed a call had been placed – from Ms Maliwal’s phone and from inside Mr Kejriwal’s residence. The caller did not, however, reveal their identity, the police said.
“If she is calling 112 immediately after incident, what does it show?” the court shot back.
The court also questioned claims Ms Maliwal should be prosecuted as she had “trespassed” on Mr Kejriwal’s home. “Is it a private residence or office of Chief Minister?” the court asked.
Ms Maliwal has maintained she had an appointment with the Chief Minister on that day.
Mr Singhvi then objected to the court “treating the FIR as gospel” but was told the court is only interested in due processes. “We are not bothered by your internal and other politics.”
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Bibhav Kumar has denied all allegations by Swati Maliwal, and the AAP has claimed that their senior leader is part of a “conspiracy” orchestrated by its main rival, the Bharatiya Janata Party.
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Last month, ahead of the trial court’s verdict on his bail appeal, Ms Maliwal claimed there would be threats to her life, and her family, if Mr Kumar were to be released from jail.
The case has sparked a predictable political spat between the AAP and the BJP, which has accused Mr Kejriwal of shielding his aide. The BJP has launched multiple protests on this issue.
The BJP has also demanded that Mr Kejriwal – battling legal problems of his own following his arrest by the Enforcement Directorate in March – resign, a demand he has rebuffed.
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