The Delhi Police on Tuesday have filed a petition before the Delhi High Court seeking to overturn a lower court’s directive mandating the disclosure of a list of unrelied documents to Bibhav Kumar, an aide to former Chief Minister Arvind Kejriwal, in connection with the Swati Maliwal assault case.
Judicial Proceedings & Legal Arguments
Justice Vikas Mahajan has scheduled a hearing for March 11, directing the police counsel to submit a comprehensive written argument in support of their plea. The police challenge a January 29 trial court order, which had dismissed their objection to a magistrate’s ruling that required the disclosure of the document list to Kumar.
Delhi government standing counsel Sanjay Lao asserted that the trial court’s decision was legally unsound, highlighting that the Supreme Court is currently deliberating on the broader legal question of whether an accused person has the right to access unrelied documents in criminal proceedings.
Justice Mahajan acknowledged the complexity of the issue, noting, “Sometimes what happens is, the Supreme Court might take some time to decide an issue, and the issue remains pending for some time.
In such a situation, we have to go by the law which is prevailing as on date. Make out a case for stay and show me something to strengthen your argument.”
Lao further emphasized that legal interpretations on this subject remain contested and that the accused would be granted access to the requested documents should the Supreme Court ultimately rule in favor of disclosure.
Case Background & Criminal Allegations
Kumar has been accused of assaulting Swati Maliwal on May 13, 2024. After being denied bail at both the trial court and high court levels, he ultimately secured relief from the Supreme Court. On July 30, 2024, a magistrate’s court formally took cognizance of the chargesheet filed against him.
The First Information Report (FIR), registered on May 16, 2024, charges Kumar under multiple sections of the Indian Penal Code, including provisions related to criminal intimidation, assault or use of criminal force with intent to disrobe a woman, and attempted culpable homicide.
Broader Legal Implications
This case holds significant legal implications, particularly as it intersects with the Supreme Court’s ongoing deliberations on the rights of accused individuals to access unrelied documents in criminal trials.
The police now await the court’s ruling on whether the document list must be disclosed or withheld pending the Supreme court’s final determination on the larger constitutional and procedural issue at stake.
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