New Delhi: The Supreme Court on Wednesday directed the Delhi Police to file its response on a plea filed by Bibhav Kumar, an aide of Delhi Chief Minister Arvind Kejriwal, seeking bail in the case of alleged assault on Aam Aadmi Party (AAP) Rajya Sabha Member of Parliament (MP) Swati Maliwal.
A bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan directed the Delhi Police to file its response by August 21.
Additional Solicitor General (ASG) SV Raju, appearing for the Delhi Police, sought three weeks’ time to file its response to Kumar’s plea, however, senior advocate Abhishek Manu Singhvi, appearing for Kumar, opposed the grant of three week to the Delhi Police.
The bench then asked ASG Raju to file the response by August 21 and posted the matter for further hearing on August 27.
Apex Court earlier expressed its shock with details of the incident
The apex court, during the last hearing on Kumar’s plea seeking bail, had come down heavily on Kumar and had expressed its shock with the details of the incident, saying “Is this kind of goon supposed to work in the CM’s residence?”.
“Look at the allegations against him, she is crying in her physical condition. He doesn’t seem ashamed of what he did, we think. Moreover, the incident does not take place in a private residence, its the Chief Minister’s residence,” the top court bench had further said.
The top court had also observed that Kumar’s assertion that the First Information Report (FIR) against him is a concocted FIR is belied by the fact that victim Maliwal called on emergency help line from the residence of the chief minister to report the incident.
“We normally grant bail. But look at the way the alleged incident took place. We don’t want to read in open court,” the apex court had said.
Delhi High Court earlier dismissed Kumar’s bail plea
Kumar has moved the top court against an order of the Delhi High Court refusing to grant him bail in the alleged assault case, saying he wields considerable power and no grounds are made out for releasing him on bail in the case at this stage keeping in view the nature of allegations against him and apprehension of the witnesses being influenced.
Delhi Police arrested Kumar on May 18
The Delhi Police arrested Kumar, who is currently lodged in judicial custody, on May 18 for allegedly assaulting Maliwal at Chief Minister Kejriwal’s official residence on May 13 when she went there to meet him.
The Delhi Police had registered an FIR against him on May 16 under provisions of the Indian Penal Code (IPC) related to criminal intimidation, destruction of evidence, assault or criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.