NEW DELHI: The Supreme Court on Thursday came down heavily on Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar, who is accused of assaulting AAP Rajya Sabha member Swati Maliwal, as it deferred hearing his bail plea to August 7.
A three-judge bench of the top court led by Justice Surya Kant and comprising Justices Ujjal Bhuyan and Dipankar Dutta told senior advocate Abhishek Singhvi, appearing for Kumar, that the court was shocked by the details of the incident recorded by the Delhi High Court.
Kumar has challenged the July 12 order of the Delhi High Court denying him bail in the case and claimed the allegations against him are false.
“You are right, we grant bail to murderers and killers. But here look at the FIR. If this kind of person cannot influence witnesses then who can? He doesn't seem ashamed we think,” the bench said.
Justice Kant leading the bench, also issued a notice to the Delhi police and asked it to file a detailed response before the hearing on August 7.
Defending Kumar, Singhvi said that there were contradictions in Maliwal’s statement about where she said, she was hit. Singhvi also pointed out that Maliwal went to the police station on the day of the incident but came back without lodging an FIR. Even the FIR was not registered on the same day, but almost three days after the incident, Singhvi said.
"The FIR lodged by Maliwal should not be treated as gospel truth, as there are contradictions in her statement," Singhvi said and pleaded for bail.
The apex court however questioned the way the accused conducted himself when the offence was committed, "Is the Chief Minister's residence a private bungalow? Is this kind of goon supposed to work in the CM's residence? We are shocked, this is not about minor or major injuries."
The court observed that even after Maliwal told Kumar to stop assaulting her because of her particular physical condition, he continued the attack.
"We are shocked. Is this a way to deal with a young lady? He (Bibhav Kumar) assaulted her even after she told him about her physical condition... What does he think? Power has gotten to his head?” the bench asked.
Singhvi further submitted that the accused has been in custody for 75 days and the chargesheet has already been filed.
To this, the court responded by asking him to place the chargesheet on record for perusal.
Kumar, accused of assaulting AAP Rajya Sabha member Swati Maliwal, had on July 25 approached the Supreme Court challenging the Delhi HC order on July 12 rejecting his bail.
The HC while rejecting the bail plea noted that the mobile phone seized from the petitioner (Kumar) was formatted prior to the seizure, which reflects an effort to conceal vital evidence
"No doubt, the petitioner (Kumar) happens to be only designated as a PS (Private Secretary), but the facts and circumstances reflect that he yields considerable influence and it cannot be ruled out that witnesses may be influenced or evidence may be tampered with, in case the petitioner is released on bail, at this stage, " the HC said.
"Keeping in view the nature and gravity of accusation and apprehension of the witnesses being influenced, no grounds are made out for releasing the petitioner on bail, at this stage." the HC added as it rejected Kumar's bail plea.