Supreme Court grants bail to Arvind Kejriwal’s aides in Swati Maliwal assault case – The Week

The Supreme Court on Monday granted bail to Delhi Chief Minister Arvind Kejriwal's personal assistant Bibhav Kumar on charges of assaulting Aam Aadmi Party MP Swati Maliwal in the Rajya Sabha.

A bench of judges Surya Kant and Ujjal Bhuyan noted that Kumar had been in custody for 100 days and a chargesheet had already been filed in the case.

“The complainant has been remanded in custody for 100 days. Chargesheet filed. The violations are simple. It is about bail, you should not fight it. In such a case, you cannot keep a person in jail,” the Supreme Court told the Delhi Police lawyer.

The court further stated that it should endeavour to complete the questioning of key and vulnerable witnesses within three months.

It was also directed that Kumar should not be reinstated as Kejriwal's personal assistant and should not be given any official assignment in the Prime Minister's office. The accused should not be allowed to enter the Prime Minister's residence until all the witnesses are examined.

Maliwal claimed that she was attacked by Kumar on May 13 at Kejriwal's residence where she had gone to meet the chief minister.

Based on her complaint, the police filed a complaint against Kumar on May 16, citing various provisions of the Indian Penal Code, including those relating to criminal intimidation, assault or use of criminal force against a woman with intent to disrobe her and attempt to commit wilful killing.

Kumar was arrested on May 18.

The Delhi High Court had earlier denied Kumar bail on the grounds that he enjoyed “considerable influence” and there was no reason to grant him bail. Kumar then approached the Supreme Court.

During the hearing before the Supreme Court, Abhishek Manu Singhvi, appearing for Kumar, submitted that Maliwal's injuries were minor and invoking the offence under Section 308 of the Indian Penal Code (attempt to cause wilful killing not amounting to murder) was not justified.