Supreme Court chides Kejriwal's aide in Swati Maliwal assault case

A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan orally observed that petitioner Bibhav Kumar does not seem ashamed of the incident and the power has gone into his head.

New Delhi: The Supreme Court on Thursday chided a close aide of  Arvind Kejriwal for allegedly assaulting AAP's Rajya Sabha MP Swati Maliwal, saying it was shocked with the incident at the Delhi Chief Minister's official residence.

A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan orally observed that petitioner Bibhav Kumar does not seem to be ashamed of the incident and the power has gone into his head.

"Is CM's residence a private bungalow? Is this kind of goon supposed to work in the CM's residence," the bench asked senior advocate A M Singhvi, who argued for bail on behalf of Bibhav Kumar.

The counsel said this is not a murder case. The injuries were simple in nature, even the trial court should have granted bail in the matter, he said, also citing delay in lodging of the FIR.

Singhvi said the incident was on May 13 and the FIR was registered on May 16.

He said the story of the FIR is also strange, she went to the police station on the first day but did not file the FIR, she filed it three days later.

"Is CM's house official or private residence? Does it require this kind of goon? We are shocked. This is not about major or minor injuries," the bench asked him.

Singhvi said the charge sheet has already been filed in the case.

"We don't want to read it in open court. Give us some time to read it," the bench said.

The court also noted the petitioner was not a political secretary but a government employee on the date of the incident.

"Does he think the power has gone into his head," the bench asked, referring to the details of the incident mentioned in the FIR.

This is not a murder case and all these detailed examinations are for the trial court, the counsel said.

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

Singhvi said the court was treating the FIR as gospel truth.

"We are not on your internal and other politics. We are going by criminal process and the FIR," the bench pointed out.

The court finally asked the petitioner to place on record the charge sheet and fixed the matter for a hearing on Wednesday. The court also issued notice to the Delhi police on the bail plea.

Kumar questioned the Delhi High Court's order of July 12 dismissing his bail plea as the possibility of him influencing the witness or tampering with evidence could not be ruled out.

Kumar is alleged to have assaulted Maliwal on May 13 at Kejriwal's official residence here.

He was apprehended on May 18 after the FIR was registered against him 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.