New Delhi, Aug 1 The Supreme Court on Thursday rapped Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar, who approached the apex court seeking bail in AAP Rajya Sabha member Swati Maliwal's assault case.
"We don't want to read in open court. But once she tells him (Bibhav Kumar) to stop because of this particular physical condition, this man continues. What he thinks, the power has gotten to his head?" said a bench headed by Justice Surya Kant.
The Bench, also comprising Justices Dipankar Datta and Ujjal Bhuyan, remarked that the accused did not feel shame to assault a young woman.
Responding, senior advocate Abhishek Manu Singhvi, who appeared on the accused’s behalf, said that the question of assault is a subject matter of trial and the apex court was dealing with the bail plea.
Singhvi submitted that Maliwal suffered simple and non-dangerous injuries as per the MLC report contrary to the allegations contained in the FIR.
He added that Maliwal did not lodge an FIR on the date of the incident, though she went to the police station, but after three days on May 16.
At this, Justice Kant-led Bench said, “But she did dial emergency number 112 on the date of the incident.”
Ultimately, the apex court agreed to examine Bibhav Kumar’s special leave petition against the decision of the Delhi High Court refusing to admit his bail plea.
Listing the matter for next Wednesday, it asked the petitioner to place on record the copy of the charge sheet and other documents, including the MLC report.
In its impugned July 12 order, a bench of Justice Anoop Kumar Mendiratta of the Delhi High Court rejected Bibhav Kumar’s bail plea saying that at this stage, the possibility of tampering with the evidence or influencing the witnesses cannot be ruled out by the accused, who happened to be the personal secretary of Delhi CM.
Earlier on May 27, a Delhi court refused to release CM Kejriwal's aide on bail. Bibhav Kumar’s counsel contended that Maliwal went to the CM’s residence with the intent to malign his aide. Questioning the three-day delay in lodging the FIR, he argued that Bibhav Kumar was not present at the CM’s residence at the time of the incident and Maliwal had no appointment.
Kumar was arrested on May 18 in connection with the assault on Maliwal on May 13 and produced late at night before a local court which sent him to five days of police custody.
Delhi Police registered a case against Kumar after he allegedly assaulted Maliwal at the Chief Minister's residence.
The FIR at the Civil Lines police station includes charges under Sections 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354(B) (assault or use of criminal force to woman with intent to disrobe), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code.
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