Delhi Police Requests SC to Deny Bail to Accused in Swati Maliwal Assault Case

The Delhi Police has described the alleged physical assault on AAP Rajya Sabha MP Swati Maliwal at the Chief Minister's residence as severe. They have urged the Supreme Court to reject the bail plea of Bibhav Kumar, who is accused in this case. Kumar, an aide to Chief Minister Arvind Kejriwal, is currently in judicial custody.

Accusations and Legal Proceedings

Kumar is accused of assaulting Maliwal on May 13 at Kejriwal's official residence. He has challenged the Delhi High Court's July 12 order denying him bail. The police have also requested that Maliwal be heard in this case. An FIR was filed against Kumar on May 16 under various sections of the Indian Penal Code, including criminal intimidation and attempt to commit culpable homicide.

The affidavit filed by Deputy Commissioner of Police Manoj Kumar Meena states, "The present case pertains to a brutal assault on a sitting Member of Parliament by an influential ex-officer at the Chief Minister's residence... such an incident has had a grave impact on the minds of the general public." The police argue that any decision in this case will significantly affect public perception.

Impact on Victim and Public Perception

The affidavit highlights that Maliwal corroborated her complaint in her statement before a judicial magistrate. It also mentions that she was deeply traumatized by the harassment and assault. "It is important to note that the victim was deeply traumatized by the harassment and assault she experienced," it states. The incident had a severe impact on her mental state, causing her to stay confined to her home for four days.

The Delhi High Court, while denying Kumar bail, noted his considerable influence. The court stated that releasing him could lead to witness tampering or evidence being compromised. "It cannot be ruled out that witnesses may be influenced or evidence tampered with in case the petitioner is released on bail," said the high court.

Judicial Observations and Statements

A bench led by Justice Surya Kant is hearing the case. On August 1, the bench made strong observations about the alleged offence and the accused. The police affidavit stresses that Kumar's influence compared to Maliwal necessitates her being heard for her safety and well-being.

The affidavit further states, "The accused is an influential person in comparison to the victim... any liberty granted to the accused petitioner herein directly affects her safety and wellbeing and also of her family members." This underscores the need for careful consideration before granting bail.

In summary, this case involves serious allegations against an influential individual, highlighting concerns about public perception and victim safety. The Supreme Court's decision will be closely watched for its broader implications.