New Delhi:
The Supreme Court docket on Thursday issued discover to Delhi Police on a bail plea filed by Bibhav Kumar, an aide of Aam Aadmi Celebration boss and Chief Minister Arvind Kejriwal. Mr Kumar was arrested in Might after allegations of assault, inside Mr Kejriwal’s residence, by AAP MP Swati Maliwal.
The following listening to has been set for August 7.
Bibhav Kumar was earlier denied bail by the Delhi Excessive Court docket and a trial courtroom.
Mr Kumar, in judicial custody until July 16, faces costs of felony intimidation, assault or felony pressure on a lady with intent to disrobe, and try to commit culpable murder.
He additionally faces costs of “disappearing proof and giving false data“.
Within the temporary listening to this morning the courtroom acknowledged “we usually grant bail… we grant bail to murderers and killers”. Nonetheless, in what could also be seen as a foul signal going ahead, it additionally remarked “take a look at the FIR. She (Ms Maliwal) was crying (throughout the assault)” and appeared unconvinced by arguments that Bibhav Kumar, if given bail, wouldn’t affect witnesses.
“If this sort of particular person cannot affect who can? Was anybody within the drawing room (of the Chief Minister’s residence, the place the alleged assault started) to talk in opposition to him… he does not appear ashamed, we expect,” a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan remarked.
The courtroom, in a very sturdy commentary, additionally known as Mr Kumar a “goon”.
Earlier at the moment senior advocate Abhishek Singhvi, showing for Mr Kumar, started by questioning the delay by Ms Maliwal in submitting her grievance. He referred to Ms Maliwal’s go to to Delhi’s Civil Traces Police Station on Might 13 (the day of the alleged assault) and the “unusual story” in her FIR.
READ | 500-Web page Chargesheet In opposition to Kejriwal’s Aide In Swati Maliwal Case
“Incident was on Might 13. FIR was lodged Might 16… the story in FIR is unusual. She went on the primary day to the police station however got here again (Ms Maliwal didn’t file a police grievance or make an announcement on that day). Didn’t lodge FIR. Three days later, FIR was lodged with accidents…”
Mr Singhvi additionally argued that there are contradictions in Ms Maliwal’s complaints. “Even trial courtroom ought to have granted bail… there are contradictions about the place she says she was hit.”
In her grievance Ms Maliwal mentioned she was hit within the chest, abdomen and pelvic areas, and that she felt “completely shocked and was screaming for assist over and over”.
“In an effort to defend myself, I pushed him away with my legs. At the moment, he pounced on me, brutally dragged and intentionally pulled my shirt up,” she instructed the cops.
READ | AAP Says Kejriwal Dwelling Video Exposes Swati Maliwal “Lie”, She Snaps
On the claimed delay, the courtroom identified that Ms Maliwal, the previous head of the Delhi Fee for Ladies, had known as the police helpline (112) “instantly after the incident”.
Delhi Police later confirmed a name had been positioned – from Ms Maliwal’s telephone and from inside Mr Kejriwal’s residence. The caller didn’t, nonetheless, reveal their id, the police mentioned.
“If she is looking 112 instantly after incident, what does it present?” the courtroom shot again.
The courtroom additionally questioned claims Ms Maliwal needs to be prosecuted as she had “trespassed” on Mr Kejriwal’s residence. “Is it a personal residence or workplace of Chief Minister?” the courtroom requested.
Ms Maliwal has maintained she had an appointment with the Chief Minister on that day.
Mr Singhvi then objected to the courtroom “treating the FIR as gospel” however was instructed the courtroom is barely curious about due processes. “We aren’t bothered by your inner and different politics.”
READ | Delhi LG Backs Swati Maliwal, AAP Says It Proves Her BJP Hyperlink
Bibhav Kumar has denied all allegations by Swati Maliwal, and the AAP has claimed that their senior chief is a part of a “conspiracy” orchestrated by its foremost rival, the Bharatiya Janata Celebration.
READ | Swati Maliwal Cries In Court docket, Claims Risk If Bibhav Kumar Will get Bail
Final month, forward of the trial courtroom’s verdict on his bail attraction, Ms Maliwal claimed there can be threats to her life, and her household, if Mr Kumar had been to be launched from jail.
The case has sparked a predictable political spat between the AAP and the BJP, which has accused Mr Kejriwal of defending his aide. The BJP has launched a number of protests on this situation.
The BJP has additionally demanded that Mr Kejriwal – battling authorized issues of his personal following his arrest by the Enforcement Directorate in March – resign, a requirement he has rebuffed.
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