Lagatar24 Desk
New Delhi: Bibhav Kumar, an aide to Delhi Chief Minister Arvind Kejriwal, was granted bail by the Supreme Court on Monday after spending 100 days in custody. Kumar was arrested in connection with the alleged assault on Rajya Sabha MP Swati Maliwal.
The bench of Justices Surya Kant and Ujjal Bhuyan considered the duration of Kumar’s custody and the fact that a chargesheet had already been filed in the case. The court noted that with over 51 witnesses still to be examined, the trial’s conclusion would take time.
“Petitioner has been in custody for 100 days, and the injuries are simple. This is a case for bail, and it should not be opposed,” the Supreme Court advised SV Raju, who represented the Delhi police and opposed Kumar’s bail.
The bench also directed the trial court to prioritize the examination of key and vulnerable witnesses within three months.
Court Imposes Restrictions on Kumar
While granting bail, the Supreme Court imposed specific restrictions on Kumar. The court directed that Kumar, who holds a Master’s degree from Delhi University and a postgraduate diploma in journalism, will not be reinstated as a personal assistant to Chief Minister Kejriwal or given any official assignment in the Chief Minister’s office. Additionally, Kumar, 43, is barred from entering the Chief Minister’s residence until all witnesses have been examined.
Arvind Kejriwal, meanwhile, remains in judicial custody in connection with the alleged Delhi liquor policy scam.
Following the court’s decision, the Aam Aadmi Party (AAP) expressed gratitude to the Supreme Court for granting bail to Kejriwal’s aide. “Heartfelt thanks to the Supreme Court for granting bail to Bibhav Kumar. As the matter is sub-judice, it would be inappropriate to comment further,” said AAP chief national spokesperson Priyanka Kakkar during a press conference.
Defense Argument and Legal Proceedings
During the hearing, senior advocate Abhishek Manu Singhvi, representing Kumar, argued that the injuries sustained by Ms. Maliwal, a former chairperson of the Delhi Commission for Women, were minor and did not justify invoking Section 308 of the Indian Penal Code (attempt to commit culpable homicide not amounting to murder). Singhvi also pointed out that the witnesses in the case were officials from the Delhi police, reducing the possibility of witness intimidation or influence.
Earlier, on July 12, the Delhi High Court had rejected Kumar’s bail plea, citing his “considerable influence” and determining that no grounds were made out to grant him relief.
Supreme Court’s Stand on Bail
Last month, while granting bail to AAP leader Manish Sisodia, the Supreme Court reiterated that “bail is the rule,” emphasizing that courts should not stay bail orders mechanically or without clear reasoning. The court highlighted the importance of personal liberty under Article 21 of the Constitution, cautioning against routinely curtailing individual freedoms, which it described as potentially disastrous.
Background of the Case
The case against Bibhav Kumar arose after Swati Maliwal accused him of assault on May 14 at the Chief Minister’s residence. The next day, Kumar filed a counter-complaint, alleging that Maliwal had gained unauthorized entry into the Civil Lines residence and verbally abused him.
Maliwal, 39, later criticized the AAP, accusing the party of trying to portray her as a “villain” and Kumar as a “hero.” She expressed feelings of being victim-shamed and claimed that her character was maligned, leaving her isolated in her battle for justice.
