Delhi Police seeks to overturn a trial court order allowing aide Bibhav Kumar access to unrelied documents in the Swati Maliwal assault case, awaiting a High Court ruling set for March 11.
Delhi Police has moved the Delhi High Court seeking to overturn a trial court order that directed them to provide a list of unrelied documents to Bibhav Kumar, an aide of former Delhi Chief Minister Arvind Kejriwal, in the Swati Maliwal assault case.
Justice Vikas Mahajan has scheduled the hearing for March 11, asking the police counsel to submit written arguments. The police are contesting the January 29 trial court order, which dismissed their plea against a magistrate’s decision to supply Kumar with a list of unrelied documents—documents that are collected during the investigation but not used in the chargesheet.
Delhi government standing counsel Sanjay Lao argued that the trial court’s order was legally flawed and highlighted that the Supreme Court is already considering this issue in another case.
Justice Mahajan responded, stating,
“Sometimes what happens is, the Supreme Court might take some time to decide an issue and the issue remains pending for some time. In such a situation, we have to go by the law which is prevailing as on date. Make out a case for stay and show me something to strengthen your argument.”
Lao explained that the legal position on this matter remains debatable. However, he assured the court that the documents would be provided to the accused once the Supreme Court reaches a final decision on the broader issue of whether unrelied document lists should be shared with accused persons.
Bibhav Kumar was accused of assaulting Swati Maliwal on May 13, 2024, and an FIR was registered against him on May 16, 2024. The case includes charges under the Indian Penal Code (IPC) for criminal intimidation, assault or criminal force on a woman with intent to disrobe, and attempt to commit culpable homicide.
Initially, both the trial court and Delhi High Court denied Kumar bail, but he later secured relief from the Supreme Court. The magistrate court took cognizance of the chargesheet against Kumar on July 30, 2024.
With the case still unfolding, the Delhi Police now await the High Court’s ruling on their petition to withhold the list of unrelied documents until the Supreme Court delivers its final verdict on this legal issue. The upcoming March 11 hearing will be crucial in determining whether the accused will receive access to these documents at this stage of the case.
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