Swati Maliwal Assault Case: Supreme Court Grants Bail to Arvind Kejriwal's PA, Bars Him from Visiting CM’s Residence
The Supreme Court on Monday granted bail to Bibhav Kumar, the personal assistant to Delhi Chief Minister Arvind Kejriwal, who is accused of assaulting AAP Rajya Sabha MP Swati Maliwal at the CM’s residence on May 13. The court observed that the trial is unlikely to conclude soon.
A Bench comprising Justices Surya Kant and Ujjal Bhuyan ruled that Kumar should not visit the Chief Minister’s residence as a condition of his bail. The court noted that there are 51 witnesses proposed by the prosecution, indicating that the trial would take considerable time to conclude. Kumar has already been in custody for over 100 days, and with the chargesheet filed, the court determined that his release on bail would not compromise the ongoing investigation.
Additional Solicitor General S V Raju, representing the Delhi Police, opposed the bail, arguing that Kumar could potentially influence private witnesses if released. However, the court did not agree with this argument, emphasizing the length of the trial process and the completion of the investigation.
During an earlier hearing on August 1, the court had questioned the basis for denying Kumar bail, given his influence, with Justice Surya Kant remarking, "If this kind of person can’t influence witnesses, who else will do?" The court had also criticized Kumar’s conduct, questioning whether "power has gone to his head."
On Monday, Justice Bhuyan pointed out that according to medical reports, Maliwal sustained "two bruises which are minor in nature." Senior advocate A M Singhvi, representing Kumar, argued that the injuries were simple and did not justify charging Kumar under Section 308 of the Indian Penal Code, which pertains to the attempt to commit culpable homicide not amounting to murder.
Singhvi also contended that the likelihood of Kumar influencing witnesses was minimal, as the witnesses are personnel of the Delhi Police. The court, however, stipulated that Kumar should not be reinstated to his position as PA to the CM or take on any other official assignment during the trial.
Although Singhvi objected to the restriction barring Kumar from visiting the CM’s residence, citing his long-term association with Kejriwal, the court clarified that this condition is not permanent and directed the trial court to prioritize the examination of private vulnerable witnesses within three months.
This decision marks a significant development in the case, highlighting the court's efforts to balance the concerns of witness influence with the accused's right to bail.
