NEW DELHI: The Delhi Police on Tuesday moved the Delhi High Court, contesting a trial court’s directive to furnish a list of unrelied documents to Bibhav Kumar, a close aide of former CM Arvind Kejriwal and an accused in the alleged assault case involving AAP MP Swati Maliwal.
The police have challenged the January 29 order of a sessions court, which dismissed its plea against the magistrate’s decision mandating the supply of the document list to Kumar.
The case is now scheduled for a detailed hearing on March 11.
During the hearing, Justice Vikas Mahajan briefly considered the matter and instructed the Delhi Police to submit a concise note of arguments.
Delhi Police’s standing counsel, Sanjay Lao, contended that the sessions court ruling was flawed, emphasising that the Supreme Court is currently examining the broader issue of providing unrelied document lists to accused persons.
He urged the High Court to defer the decision until the apex court’s verdict. When questioned by the court, Lao admitted that legal precedents on the issue exist on both sides.
“The Supreme Court’s ruling will ultimately clarify whether the list should be given to the accused,” he submitted. However, the court observed that judicial delays at the Supreme Court level should not indefinitely stall proceedings.
“Sometimes, the apex court takes time to decide an issue, and meanwhile, we must adhere to the prevailing law,” the judge remarked, directing Lao to present arguments supporting a stay.
Lao further argued that Kumar’s reliance on past judgments— predominantly related to the Central Bureau of Investigation (CBI)—was misplaced, as the procedural framework of the CBI differs from that of the Delhi Police.
However, the High Court responded by affirming that the Code of Criminal Procedure (CrPC) supersedes the CBI manual, implying that standard criminal procedure would govern the matter. Kumar, who was arrested in connection with the alleged assault on Maliwal, was granted bail by the Supreme Court in September last year.
His initial bail plea was denied by a trial court on May 27, 2024, followed by another rejection from the Sessions Court on June 7, 2024. Subsequently, Kumar moved the HC, where Justice Anoop Kumar Mendiratta refused bail, citing his influential position and the risk of witness tampering.