Maliwal assault case: Delhi Police challenges order on supply of list of papers to Bibhav Kumar

The Delhi Police on Tuesday moved the Delhi High Court, challenging a trial court order that rejected its plea regarding the supply of a list of unrelied documents to Bibhav Kumar, a close aide of former Chief Minister Arvind Kejriwal and an accused in the alleged Swati Maliwal assault case.

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Justice Vikas Mahajan, hearing the matter, asked the Delhi Police counsel to submit a detailed note on their submissions and scheduled the next hearing for March 11.

The police have challenged a January 29 order of a trial court, which dismissed their plea against a magistrate’s decision directing the supply of the list of unrelied documents to Kumar.

The Delhi government’s standing counsel, Sanjay Lao, representing the Delhi Police, argued that the order was flawed in law. He pointed out that the Supreme Court was currently deliberating on the issue of whether accused individuals are entitled to a list of unrelied documents in another case.

He suggested that subordinate courts should wait for the apex court’s ruling before making decisions on such matters.

“As of now, the law on this issue exists on both sides. Once the Supreme Court delivers its verdict in the affirmative, the list of documents will be provided to the accused,” Lao submitted.

However, Justice Mahajan observed that the Supreme Court’s decision might take time and emphasised the need to follow the prevailing law until a final ruling is issued. “Sometimes, what happens is, the Supreme Court might take some time to decide an issue, and it remains pending. In such a situation, we have to go by the law which is prevailing as on date. Make out a case for stay and show me something to strengthen your argument,” the judge stated.

Bibhav Kumar was accused of assaulting Swati Maliwal on May 13, 2024, and is currently out on bail.

The magistrate court took cognisance of the charge sheet against him on July 30, 2024. The FIR against Kumar was registered on May 16, 2024, under multiple sections of the Indian Penal Code (IPC), including criminal intimidation, assault or criminal force on a woman with intent to disrobe, and attempt to commit culpable homicide.

His bail plea was previously rejected by both the trial court and the Delhi High Court before he was granted relief by the Supreme Court on September 2, 2024.