Delhi Chief Minister Arvind Kejriwal’s close aide Bibhav Kumar has moved the Supreme Court against Delhi High Court’s denial of bail in the Swati Maliwal assault case.
Earlier, an FIR was registered against Kumar on the written complaint of Aam Aadmi Party’s Rajya Sabha MP Swati Maliwal, who alleged that Bibhav Kumar assaulted her when she went to meet Arvind Kejriwal at his residence on May 13.
After the complaint, Bibhav Kumar was arrested on May 18. The Delhi Police said that Bibhav Kumar was non-co-operative during the investigation and gave evasive answers to its questions. Furthermore, it was also alleged that he deliberately did not disclose the password of his mobile phone, which is an important piece of information in the probe to unearth the truth.
Initially, Bibhav Kumar moved the trial court for bail, but was denied relief on May 27. His second regular bail plea was rejected by the Sessions Court on June 7. Disappointed, Bibhav Kumar approached the Delhi High Court, however, a bench presided by Justice Anoop Kumar rejected his bail plea, observing that though he happens to be only designated as a personal secretary to the Chief Minister, he yields considerable influence.
The judge further said that at the current stage, it could not be ruled out that witnesses may be influenced or evidence may be tampered with, in case Bibhav Kumar is released on bail. He added that keeping in view the nature and gravity of accusation and apprehension of the witnesses being influenced, no grounds are made out for releasing the petitioner on bail, at this stage.
The High Court also opined that the events which unfolded after the incident, reflected that Swati Maliwal was in a traumatized condition faced with the unprovoked brutal assault. Against the Delhi High Court order, Kumar has now approached the Supreme Court.
Bibhav Kumar contended that this is a classic case of abuse of criminal machinery and subterfuge investigation, as he and Maliwal both have lodged complaints against each other but it is only Swati Maliwal’s case which is being investigated. He further alleged that he was threatened of dire consequences to the extent of implication in false and frivolous cases and that Maliwal’s FIR emanates from a nefarious design.