A former aide of Delhi Chief Minister Arvind Kejriwal, Bibhav Kumar, accused of assaulting Rajya Sabha MP Swati Maliwal, was granted bail Monday by the Supreme Court.
A bench of Justices Surya Kant and Ujjal Bhuyan took into consideration that the accused has been in custody for 100 days and chargesheet has already been filed in the case.
It also said that there are more than 51 witnesses to be examined and the conclusion of the trial will take some time.
“Petitioner is in custody for 100 days. Chargesheet filed. Injuries are simple. It’s a case for bail, you should not oppose. You can’t keep a person in jail in such case,” said the top court to SV Raju, representing Delhi police, who was opposing the grant of bail to Mr Kumar.
The bench said trial court shall make an endeavour to finish examination of important and vulnerable witnesses first within three months.
The court further directed that Bibhav Kumar, who holds a Master’s degree from Delhi University and a postgraduate diploma in journalism, will not be reinstated as a personal assistant to Mr Kejriwal or given any official assignment in the chief minister’s office.
The top court also restrained 43-year-old Mr Kumar from entering the chief minister’s residence till all witnesses have been examined. Arvind Kejriwal remains in judicial custody in connection with the alleged Delhi liquor policy scam.
How Bibhav Kumar’s Lawyer Argued The Case
During the hearing, senior advocate Abhishek Manu Singhvi, appearing for the accused, submitted that the injuries to Ms Maliwal, a former chairperson of Delhi Commission for Women, are simple and the invocation of the offence under Section 308 of the Indian Penal Code (attempt to commit culpable homicide not amounting to murder) was not justified.
He further said that witnesses are the officials of the Delhi police itself and hence there was no scope for intimidating or influencing of witnesses.
Why Delhi High Court Rejected Bibhav Kumar’s Bail
On July 12, Delhi High Court had dismissed Mr Kumar’s bail plea, saying he enjoys “considerable influence” and no ground to grant him the relief was made out.
Supreme Court On ‘Bail Is Rule’ Principle
Last month, while granting relief to AAP leader Manish Sisodia, arrested in the alleged Delhi liquor policy scam, the Supreme Court reiterated ‘bail is the rule’ principle.
The courts should refrain from staying bail orders in a mechanical manner and without giving any reason, the Supreme Court had said in July, underlining relief should be denied to an accused only in rare and exceptional cases.
Pointing to the right to personal liberty under Article 21 of the Constitution, the Supreme Court, hearing a money laundering case in July, observed that one cannot curtail liberty as a practice and that it will be disastrous.
The Case Against Bibhav Kumar
Earlier, Swati Maliwal hit out at the AAP, alleging that an attempt was made to portray her as a “villain” and Chief Minister’s close aide as a “hero” after she made assault allegations against him.
The 39-year-old Ms Maliwal alleged victim-shaming by the party, adding that her character was “maligned” and she was left “alone in the entire battle.”
The MP filed a complaint with the Delhi police against Bibhav Kumar on May 14, a day after the alleged assault took place at the Chief Minister’s residence. A day later, Bibhav Kumar lodged a counter-complaint with the police, accusing Ms Maliwal of gaining ‘unauthorised entry’ into the CM’s Civil Lines residence and ‘verbally abusing’ him.
