Maliwal assault case: SC gives Delhi Police two weeks to reply to Bibhav’s bail plea

New Delhi: The Supreme Court on Wednesday granted two weeks to Delhi Police to file its counter-affidavit to the bail plea moved by Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar in the Swati Maliwal assault case.

A Bench presided over by Justice Surya Kant acceded to adjourn the proceedings after Additional Solicitor General (ASG) SV Raju sought more time to file a reply on behalf of the Delhi Police.

Senior advocate Abhishek Manu Singhvi, representing Bibhav Kumar, opposed the investigative agency’s request saying that the charge sheet has already been filed before the trial court and disposal of bail should not be prolonged.

Ultimately, the Bench, also comprising Justices Dipankar Datta and Ujjal Bhuyan, asked the Delhi Police to file its reply by August 21 in the matter and rejoinder, if any, to be filed before August 24.

The bail plea will be heard next on August 27.

In an earlier hearing, the top court rapped Bibhav Kumar as it heard his bail plea, remarking that the accused did not feel shame in assaulting a young woman.

"We don't want to read it in open court. But once she tells him (Bibhav Kumar) to stop because of this particular physical condition, this man continues. Power has gotten to his head?" the top court said.

Previously, the Delhi High Court rejected Bibhav Kumar’s bail plea saying that at this stage, the possibility of tampering with evidence or influencing witnesses cannot be ruled out by the accused.

The Delhi High Court, last week, upheld Bibhav Kumar’s arrest and rejected his plea contending that his arrest was conducted in violation of the Supreme Court's guidelines established in the landmark Arnesh Kumar judgment, which outlines the procedures and conditions under which arrests should be made to prevent unnecessary detentions.

Bibhav Kumar was arrested on May 18 in connection with the assault on Maliwal on May 13 and produced late at night before a local court which sent him to five days’ police custody.

Delhi Police registered a case against Bibhav Kumar after he allegedly assaulted Maliwal at the Chief Minister's residence.

The FIR at the Civil Lines police station includes charges under Sections 308 (attempt to commit culpable homicide), 341 (wrongful restraint), 354(B) (assault or use of criminal force to woman with intent to disrobe), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code.