Today(on 2nd September), The Supreme Court granted bail to Delhi Chief Minister Arvind Kejriwal’s aide, Bibhav Kumar, who was arrested for allegedly assaulting AAP MP Swati Maliwal. Justice Bhuyan noted that Kumar had spent 100 days in judicial custody, and the chargesheet had already been filed.
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NEW DELHI: The Supreme Court of India today(on 2nd September), granted bail to Bibhav Kumar, a close associate and personal secretary to Delhi Chief Minister Arvind Kejriwal. Kumar was arrested in connection with the alleged assault on Rajya Sabha MP Swati Maliwal, an incident that has drawn significant attention due to its political implications and the involvement of high-profile figures.
The Incident: Allegations by Swati Maliwal
The incident that led to Kumar’s arrest occurred on May 13 at the official residence of the Delhi Chief Minister. According to Swati Maliwal, the former Delhi Commission for Women (DCW) chief and current AAP Rajya Sabha MP, Kumar assaulted her during a visit to meet Kejriwal. In her First Information Report (FIR), Maliwal detailed the assault, stating-
“I was slapped, unprovoked, 7-8 times by Bibhav Kumar. I was kicked on my stomach and pelvic region.”
She further alleged that Kumar pounced on her, kicked her in the chest and pelvis, and deliberately pulled up her shirt during the attack.
Kumar’s Defense: Claims of False Allegations
In response to the allegations, Bibhav Kumar, prior to his arrest, filed a complaint with the Delhi Police on May 17, claiming that it was Maliwal who –
“[They] forcibly and unlawfully entered the Chief Minister’s residence, abused and assaulted him, and threatened to falsely implicate him in legal cases.”
Kumar also stated that Maliwal threatened to file a false case against him and send him to jail when he tried to prevent her from entering the main building of the Chief Minister’s residence.
Evidence and Judicial Proceedings
The Delhi Police, who arrested Kumar from Kejriwal’s residence on May 18, have gathered substantial evidence in the case. This includes Kumar’s mobile phone, SIM card, and the DVR/NVR of the CCTV cameras installed at the CM’s residence. The police investigation culminated in a 500-page chargesheet filed on July 16, with 100 people examined and 50 made witnesses in the case.
On July 30, the court took cognizance of the chargesheet, which 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 (IPC).
Supreme Court’s Bail Decision
On August 24, Kumar’s judicial custody was extended until September 13 by a Delhi court. However, on Monday, the Supreme Court granted him bail, taking into consideration that Kumar had been in custody for over 100 days and that the chargesheet had already been filed.
The bench, comprising Justices Surya Kant and Ujjal Bhuyan, noted that-
“The injuries sustained by Maliwal are minor. This is a case where bail should be granted, and opposition is unwarranted. You can’t keep someone in jail for such a case.”
indicating the court’s inclination towards granting bail.
Additional Solicitor General SV Raju, representing the Delhi Police, expressed concerns that Kumar might influence important witnesses.
“There are crucial witnesses who are under his influence. Once they have been examined, I will not oppose the bail.”
-he stated.
However, Justice Bhuyan responded by saying-
“That way, we can’t grant bail to any person,”
adding that the apprehension was “far-fetched.”
ALSO READ: [Breaking] Swati Maliwal assault case| Delhi Court Rejects Bail for Accused, Bibhav Kumar
Bail Conditions Imposed by the Supreme Court
While granting bail, the Supreme Court imposed strict conditions on Bibhav Kumar to ensure the integrity of the ongoing trial. These conditions include:
- Kumar shall not be restored as the Personal Secretary of the Delhi Chief Minister or hold any political office associated with the Chief Minister’s Office.
- He shall not enter the Chief Minister’s residence until all witnesses are examined.
- The trial court is instructed to prioritize the examination of important and vulnerable witnesses first, ideally within three weeks.
- The political party associated with Kumar, namely AAP, is restrained from making any public comments until the trial court disposes of the matter.
The Road Ahead: Trial and Witness Examination
The Supreme Court emphasized the need for a fair trial, stating-
“Until the trial concludes, we are satisfied that interim protection can be granted with conditions to prevent the influencing of witnesses or tampering with evidence. Granting bail without such conditions would lead to misuse, making these conditions essential.”
This ruling reflects the court’s effort to balance the rights of the accused with the need to protect the integrity of the judicial process.
The case is now poised to proceed with the examination of over 51 witnesses, a process that is expected to take considerable time. The trial court has been urged to expedite this process to ensure that justice is served promptly.
The incident and the subsequent legal proceedings have had significant political repercussions, particularly within the Aam Aadmi Party (AAP). Maliwal, who was previously a key figure within AAP, was removed from the party’s ‘star campaigners’ list in the lead-up to the Lok Sabha elections, following her allegations against Kumar.
