The Supreme Court has granted bail to Bibhav Kumar, an aide to Delhi Chief Minister Arvind Kejriwal. Kumar has been directed not to enter the Chief Minister’s residence until all witnesses are examined in connection with the assault case involving Swati Maliwal.
Background on the Case
Swati Maliwal, a member of the Rajya Sabha, alleged that Bibhav Kumar assaulted her at the Chief Minister’s residence on May 13. Addressing the severity of the allegations, the Supreme Court laid down specific terms for Kumar’s bail.
Court’s Conditions for Arvind Kejriwal Bail
The Apex court, led by Justices Surya Kant and Ujjal Bhuyan, stated that Bibhav Kumar should not resume his position as Personal Secretary to the Chief Minister or engage in any political activities linked to the Chief Minister’s office. Importantly, Kumar must avoid making public comments on the ongoing case, which is currently sub judice in the trial court.
The Court’s Rationale
The court took into consideration Kumar’s extended custody of 100 days and the fact that a chargesheet has already been filed. Notably, there are over 51 witnesses in line to testify, and the trial’s conclusion is expected to take a considerable amount of time.
“Petitioner is in custody for 100 days. Chargesheet filed. Injuries are simple. It’s a case for bail, you should not oppose. You can’t keep a person in jail in such a case,” the Supreme Court advised SV Raju, the lawyer representing the Delhi police, who was firmly opposed to Kumar’s bail.
Previous Court Rulings on Bails
Bibhav Kumar had previously approached the Supreme Court after the Delhi High Court denied his bail plea on July 12. At that time, the High Court stated that Kumar had “considerable influence” and feared he might tamper with evidence or influence witnesses if released on bail.
Allegations Against Bibhav Kumar
On May 16, an FIR was lodged against Kumar under various sections of the Indian Penal Code. The charges included criminal intimidation, assault or use of criminal force on a woman with the intent to disrobe, and an attempt to commit culpable homicide.
Future Implications
The conditions imposed by the Supreme Court send a strong message about the seriousness with which such cases are handled. Kumar’s restriction from the Chief Minister’s residence aims to ensure an unbiased examination of witnesses and to maintain the integrity of the trial process.
Closing Thoughts
This development stands as an important reminder of the judicial process and reinforces the accountability everyone must face, irrespective of their position or influence. It will be interesting to see how the trial progresses and the eventual outcome of this case which has ramifications not just for those involved, but for the political landscape of Delhi as a whole.
