SC questions Kejriwal aide's conduct in Swati Maliwal 'assault' case
The Supreme Court on Thursday strongly criticized Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar, who is accused of assaulting Aam Aadmi Party Rajya Sabha MP Swati Maliwal at his official residence. The court questioned Kumar's self-perception and whether "power has gone into his head." Issuing a notice on his bail plea, Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan said that Maliwal's call to emergency services "immediately after the incident...belies" Kumar's claim that the allegations were fabricated.
Why does this story matter?
Kumar, who has been in judicial custody for 75 days, was previously denied bail by both the Delhi High Court and a trial court. He faces charges including criminal intimidation, assault or criminal force with intent to disrobe, attempt to commit culpable homicide, evidence tampering, and providing false information. The case has ignited a political clash between the AAP and the Bharatiya Janata Party, which accuses Kejriwal of protecting his aide, leading to several BJP protests.
Supreme Court expresses concern over alleged assault details
"What he thinks...the power has gone into his head?... We are shocked... She is in a particular physical condition at that time. She is crying that I am in such and such physical condition... We don't want to read in the open court... she tells him that please stop because of this physical condition and this man continues,"Justice Kant said. He also asked if Kumar did not "feel ashamed of doing it to a young woman?"
FIR allegations subject to trial: Singhvi
Senior advocate Abhishek Manu Singhvi argued that the allegations in the FIR—registered three days later—are subject to trial. He said, "This is a matter of trial...FIR is a version of a person who makes it three days later with a friendly police...under a friendly Lieutenant Governor. My complaint on the same day is not registered." However, the court was not swayed, with Justice Kant saying, "These are all your internal political affairs. We are only examining the law and...criminal allegations."
Court questions Kumar's designation
Justice Datta inquired whether Kumar was the secretary to the CM or an ex-secretary on May 13, 2024, the date of the alleged incident. Singhvi responded that Kumar was the political secretary—primarily managing appointments and providing political advice. Justice Kant interjected, "You are not a political secretary...you are a government official, probably..." Singhvi clarified that Kumar is currently out of service due to a case pending with the Central Administrative Tribunal but reiterated that he was indeed Kejriwal's political secretary.
Court dismisses trespassing claims
The court dismissed claims that Maliwal should be prosecuted for trespassing on Kejriwal's home. It questioned whether the location was a private residence or the office of the Chief Minister. The court also expressed shock at the details of the incident recorded by the Delhi High Court, questioning whether such a "goon" was supposed to work in the CM's residence.
