The Delhi Police has urged the Supreme Court to reject the bail plea of Bibhav Kumar, who is accused of assaulting Rajya Sabha MP Swati Maliwal. The police described the alleged physical assault of AAP MP Swati Maliwal at the Chief Minister’s residence as “brutal” and called for the Supreme Court to dismiss Kumar’s bail request.
In its response to Kumar’s bail plea, the Delhi Police, represented by Deputy Commissioner of Police Manoj Kumar Meena, also requested that the court hear Maliwal’s side in the case. Kumar, who is currently in judicial custody, is accused of assaulting Maliwal on May 13 at the official residence of Chief Minister Arvind Kejriwal. He has challenged the Delhi High Court’s July 12 order denying him bail.
“The present case pertains to a brutal assault on a sitting Member of Parliament by an influential ex-officer at the Chief Minister’s residence. The occurrence of the incident at such a sensitive location has had a grave impact on the public, and any decision in this case will have a cascading effect on the general public’s perception,” the affidavit filed by DCP Meena stated.
The affidavit further emphasized that Kumar is an “influential person” compared to the victim, and it is essential to hear the complainant in this case, as any liberty granted to the accused could directly affect her safety and that of her family members. The affidavit also noted that the victim corroborated her complaint in a statement recorded before a judicial magistrate.
“It is important to note that the victim was deeply traumatized by the harassment and assault she experienced. Furthermore, the victim is an esteemed sitting Member of Parliament from a ruling party in Delhi, and she was brutally assaulted at a highly sensitive location, the Hon’ble Chief Minister’s residence. This severe incident significantly impacted her mental state, causing her to remain confined to her home for four days following the assault,” the affidavit added.
The case is being heard by a bench headed by Justice Surya Kant, who on August 1 made strong observations about the alleged offense and the accused.
An FIR was registered against Kumar on May 16 under various provisions of the Indian Penal Code, including criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide. Kumar was arrested on May 18.
In denying his bail, the high court had noted that the accused enjoys “considerable influence” and found no grounds to grant him relief. The court also expressed concerns that witnesses could be influenced or evidence tampered with if Kumar were released on bail.
