[Swati Maliwal Assault Case] “Is This The Way to Deal With a Young Lady?”: SC Adjourns Bibhav Kumar’s Bail Hearing to August 27

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Today, On 7th August, Bibhav Kumar’s bail hearing in the Swati Maliwal assault case has been adjourned by the Supreme Court to August 27. As a result, Kumar remains without relief pending the new hearing date. The case continues to draw significant attention, with the delay extending the period of uncertainty.

New Delhi: The Supreme Court postponed the bail hearing for Bibhav Kumar, an aide to Delhi Chief Minister Arvind Kejriwal, to August 27 in connection with the Swati Maliwal assault case. As a result, Kumar will remain in jail for an additional 20 days.

Kumar sought relief from the Supreme Court after the Delhi High Court denied his bail, expressing concerns that

“The witness may be influenced or evidence could be tampered with.”

In the previous hearing, the Supreme Court Bench, headed by Justice Surya Kant, issued a notice to Delhi Police and harshly criticized Kumar’s actions.

SC Bench stated,

“Every day we grant bail to contract killers, murderers, and robbers, but the question is, what kind of incident is this? He acted as if a goon had entered the official residence of the CM. We are shocked. Is this the way to deal with a young lady? He assaulted her even after she disclosed her physical condition and asked him to stop, but he continued,”

The Supreme Court bench made several pointed remarks,

“Is the Chief Minister’s bungalow a private residence? Is it necessary to have such enforcers there? Is that appropriate conduct? Has power gone to his head? You were the ex-secretary, and if the victim had no authority to be present, neither did you.”

The bench further criticized, stating,

“He is not ashamed of his actions. She is a young woman. Her immediate call to 112 after the incident indicates she had a complaint, contradicting the narrative that she fabricated the incident.”

On Monday, the Delhi High Court determined that Kumar’s plea challenging his arrest in the alleged Swati Maliwal assault case is maintainable. Following this, a notice issued to the Delhi Police by Justice Swarana Kanta Sharma.

The Delhi Police contested the maintainability of Kumar’s plea and opposed the notice issuance. Representing the police, Senior Advocate Sanjay Jain argued against the petition, citing Kumar’s omission of his previous application to a trial court, which had been rejected.

Kumar, who denied bail twice, argued that his arrest violated Section 41A of the CrPC, despite his willingness to cooperate with the investigation.

Bibhav Kumar arrested on May 18 and initially placed in police custody for five days by a magisterial court, which noted that his anticipatory bail plea was no longer relevant following his arrest. On May 24, he was transferred to judicial custody for four days before being remanded back into police custody for an additional three days.

For those unaware, Swati Maliwal alleged a physical assault at the Delhi Chief Minister’s residence, stating,

“I was slapped 5-7 times, brutally dragged, and kicked on the chest.”

She also described how her shirt “deliberately pulled up” by Bibhav Kumar during the incident, causing her shirt buttons to open and her shirt to fly up, according to the FIR.

An FIR registered against Kumar on May 16 under various sections of the Indian Penal Code, including those pertaining to criminal intimidation, assault or use of criminal force with intent to disrobe a woman, and attempted culpable homicide.


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