Swati Maliwal assault case: SC says Bibhav Kumar doesn't seem ashamed

New Delhi: The Supreme Court of India on Thursday came down heavily on Chief Minister Arvind Kejriwal's aide Bibhav Kumar while hearing his bail application in the AAP Rajya Sabha member Swati Maliwal assault case.

A bench comprising of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan listed the matter for further hearing on Wednesday.

Arguing for Kumar, Senior Advocate Abhishek Manu Singhvi said even the trial court should have granted bail in this. 

“There are contradictions in her statement about where she says she was hit. Incident is May 13, FIR on May 16. First day she went (to police) but no complaint. But then there days later,” he told the bench.

Noting that the fact that she called PCR, Justice Kant said that this belies Singhvi’s claim that she concocted.

When Singhvi pressed that Maliwal went to the house, Justice Kant asked if CM’s official house a private residence. 

“Does it need this kind of rules? We are shocked, this is not about minor or major injuries. the HC rightfully reproduced everything,” SC asked.

On Singhvi’s claim that Kumar cannot tamper evidence, SC asked if Kumar thinks the power has gone into his head.

Justice Datta asked Kumar’s employment status. 

“On the date of the incident were you Secretary or ex secretary?” he asked.

When Singhvi answered that Kumar was the political secretary handling all appointments, Justice Kant countered saying “Kumar is a government employee, not political secretary.”

Singhvi argued that all these are for trial not bail and it is not a murder case.

Justice Kant said, “You are right we grant bail to murderers and killers. But here look at the FIR. She is crying at the physical condition. Did you have authority? If this kind of person cannot influence witness then who can? Was anyone there in the drawing room to speak against him you think? He doesn't seem ashamed.”

Kumar had challenged the July 12 order of the Delhi High Court denying him bail in the case and claimed the allegations against him are false. Kumar has also said his custody was no longer required as the probe was over.

The personal secretary to Kejriwal is currently in judicial custody. He allegedly assaulted Maliwal on May 13 at Kejriwal's official residence.

An FIR was registered against Kumar on May 16 under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide. He was arrested on May 18.

While denying him bail, the high court had said that the accused enjoys "considerable influence" and no ground was made out to grant him the relief. It cannot be ruled out that witnesses may be influenced or evidence tampered with in case the petitioner is released on bail, the high court had said.