SC in Swati Maliwal assault case: ‘Is this kind of goon supposed to work in CM’s home?’

“Is this kind of goon supposed to work in the CM’s residence?” the Supreme Court asked on Thursday (August 1) as it came down heavily on Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar who allegedly assaulted AAP MP Swati Maliwal earlier this year.

A bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan posted Kumar’s bail plea for next Wednesday and told senior advocate Abhishek Singhvi that the court was shocked with the details of the incident recorded by the Delhi High Court.

Court issues notice to Delhi govt on Kumar’s bail plea

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. He has also said his custody was no longer required as the probe was over.

The apex court issued notice to the Delhi government on his plea.

"Is CM residence a private bungalow? Is this kind of 'goon' supposed to work in the CM’s residence?" the bench asked Singhvi, who said there were non-serious injuries and the FIR was lodged after three days of the incident on May 13.

Court’s scathing remarks

In its scathing remarks, the bench also asked Singhvi what Maliwal, AAP's Rajya Sabha MP, calling the police helpline during the assault incident indicated.

"Every day we grant bail to contract killers, murderers, robbers - but the question is what kind of incident…,” the bench said, while asserting that the manner in which the incident had taken place bothered it.

The bench said, "He (Bibhav Kumar) acted as if some 'goon' had entered the official residence of CM. We are shocked. Is this the way to deal with a young lady? He (Bibhav Kumar) assaulted her even after she told him about her physical conditions," it said in its scathing remarks.

In judicial custody for 75 days

Kumar, a political secretary to Kejriwal, has been in judicial custody for the past 75 days, Singhvi told the bench. He allegedly assaulted Maliwal on May 13 at Kejriwal's official residence. An FIR was registered against Kumar 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. He was arrested on May 18.

While denying him bail, the high court had said that the accused enjoys "considerable influence" and no ground was made out to grant him the relief. It cannot be ruled out that witnesses may be influenced or evidence tampered with in case the petitioner is released on bail, the high court had said.

(With agency inputs)