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On a submission being made on Bibhav Kumar's behalf that FIR has been registered with 'a friendly police under a friendly LG', the top court responded saying, "These are all your internal political affairs, we are not concerned with it.."
The Supreme Court today came down heavily on Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal, who has moved Supreme Court of India seeking bail in the Swati Maliwal assault case.
A three-judge bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan asked Kumar if this was the way to behave at the Chief Minister's residence. "Is this the way, is this a private residence...it is the CHIEF MINISTERS' RESIDENCE..You want to say as if a goon entered the residence and you wanted to protect...you have assaulted a young woman..", the bench said.
Senior Advocate AM Singhvi appearing for Kumar took the court through the MLC report which described the nature of injuries to be non-dangerous simple injuries. "Two bruises, one on the right cheek and one over the left leg..the incident is 13th of May and FIR is registered on 16th of May, the story of the FIR is so strange..she went to the police station on the first day and did not file the FIR..", Singhvi added.
In response the bench said, "What about the emergency call made just after the incident...if somebody is assaulted and is calling the emergency number..".
Court has issued notice returnable on next Wednesday August 7, 2024.
Kumar has filed the instant SLP against the Delhi High Court's order dated July 12 and has challenged the Delhi High Court's dismissal of his bail plea noting the possibility of Bibhav influencing the witness or tampering with evidence cannot be ruled out.
Justice Anoop Kumar Mendiratta of the High Court held in the impugned order, ‘It cannot be ruled out that the witness may be influenced or evidence can be tempered. Therefore, the bail application is disposed of’.
An FIR was registered against Bibhav based on Swati Maliwal's written complaint alleging that Kumar assaulted her when she went to meet Kejriwal at his residence on May 13.
She further argued that Kumar slapped her at least 7-8 times while she screamed. She pushed him away to protect herself, but he then pounced on her, brutally dragged her, and deliberately pulled her shirt up.
Maliwal was a Rajya Sabha MP from the Aam Aadmi Party, who recently claimed that she is an ‘MP without a political party’.
Case Title: Bibhav Kumar vs. State of NCT of Delhi
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