Today, On 2nd September, Justice Ujjal Bhuyan of the Supreme Court made an oral observation cautioning Additional Solicitor General (ASG) SV Raju against labeling undertrials as criminals. This remark came after ASG Raju referred to Bibhav Kumar, a former aide of Arvind Kejriwal, as a criminal during court proceedings. The Court emphasized the importance of maintaining the presumption of innocence until proven guilty.
New Delhi: The Supreme Court, On Monday, advised Additional Solicitor General SV Raju to refrain from labelling an undertrial as a criminal. This remark made before the Court granted bail to Bibhav Kumar, an aide of Delhi Chief Minister Arvind Kejriwal, who was involved in an alleged assault case against Member of Parliament Swati Maliwal.
The Bench, comprising Justices Surya Kant and Ujjal Bhuyan, objected to ASG Raju’s use of the term “criminal” to describe Kumar during the proceedings.
Justice Bhuyan remarked,
“Mr. Raju, please don’t take this personally, but as an ASG, remember that this person is an accused undertrial. Do not call such people criminals.”
While granting bail to Bibhav Kumar, the Supreme Court acknowledged that he had already spent over 100 days in custody and that the trial expected to be lengthy, with more than 51 witnesses still to be examined.
Justice Ujjal Bhuyan, addressing the Delhi Police during the hearing, stated,
“You cannot keep a person in jail for over 100 days when the injuries are simple. Look at the medical report. There needs to be a balance; opposing bail here is not justified.”
ASG SV Raju, representing the Delhi Police, opposed the bail at this stage, arguing that more witnesses should be examined first before the trial court.
The Court previously issued a notice on Kumar’s bail plea in July.
The Court, while granting bail to Kumar, emphasized the need for safeguards to prevent witness tampering and imposed several conditions:
- Kumar is barred from resuming his role as Personal Secretary to the Delhi Chief Minister or holding any political office linked to the Chief Minister’s Office.
- He is prohibited from entering the Chief Minister’s residence until all witnesses have been examined.
- The prosecution is directed to prioritize the examination of key and vulnerable witnesses, with the trial court expected to complete this process within three months.
- The political party Kumar worked for must refrain from making any public statements about the case until the trial court reaches a decision.
Read Also: Supreme Court Grants Bail to Pernod Ricard Executive in Delhi Excise Policy Scam Case
Kumar has been in custody since May 18, following an alleged incident on May 13 at the official residence of Chief Minister Kejriwal, involving Member of Parliament Swati Maliwal. According to the complaint, Kumar allegedly assaulted Maliwal, striking her in the chest, stomach, and pelvic area, and threatened her if she reported the incident.
The Aam Aadmi Party (AAP) denied the allegations and subsequently removed Maliwal from its list of ‘star campaigners’ ahead of the Lok Sabha elections. Videos later surfaced on social media showing Maliwal arguing with security personnel and leaving the Chief Minister’s residence.