Arvind Kejriwal’s Aide Bibhav Kumar Granted Bail After 100 Days in Swati Maliwal Assault Case
In a significant legal development, Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal, was granted bail by the Supreme Court on Monday after spending 100 days in custody. Kumar was arrested on May 18 in connection with the alleged assault of Rajya Sabha MP Swati Maliwal.
The Supreme Court bench, comprising Justices Surya Kant and Ujjal Bhuyan, took into account the time Kumar had already spent in custody and the fact that a chargesheet had been filed. The court emphasized that, given the simple nature of the injuries involved and the extensive number of witnesses yet to be examined, bail was warranted. The court remarked, “You can’t keep a person in jail in such a case.”
Bibhav Kumar, who holds a Master’s degree from Delhi University and a postgraduate diploma in journalism, will not be reinstated in his former role as a personal assistant to Chief Minister Kejriwal or assigned any official duties in the Chief Minister’s office until the trial is concluded. Additionally, Kumar has been barred from entering the Chief Minister’s residence until all witnesses have been examined.
The decision to grant bail was met with relief by the Aam Aadmi Party (AAP), with chief national spokesperson Priyanka Kakkar expressing gratitude to the Supreme Court. “Heartfelt thanks to the Supreme Court for granting bail to Bibhav Kumar. This matter is sub-judice, and it won’t be appropriate to comment on it further,” Kakkar stated during a press conference.
During the hearing, senior advocate Abhishek Manu Singhvi, representing Kumar, argued that the injuries sustained by Swati Maliwal were minor and that the charges under Section 308 of the Indian Penal Code (attempt to commit culpable homicide not amounting to murder) were not justified. Singhvi also pointed out that the witnesses in the case were Delhi police officials, reducing any possibility of witness intimidation.
Despite these arguments, the Delhi High Court had previously denied Kumar’s bail plea on July 12, citing his “considerable influence” as a reason for the decision.
The Supreme Court’s ruling aligns with its recent emphasis on the principle that “bail is the rule,” particularly in cases where personal liberty under Article 21 of the Constitution is at stake. The court has consistently held that bail should be denied only in rare and exceptional circumstances, underscoring the importance of safeguarding individual freedoms.
The case against Bibhav Kumar arose after Swati Maliwal, a former chairperson of the Delhi Commission for Women, filed a complaint with the Delhi police on May 14, alleging that Kumar assaulted her at the Chief Minister’s residence. The following day, Kumar lodged a counter-complaint, accusing Maliwal of unauthorized entry into the CM’s Civil Lines residence and verbal abuse.
The legal proceedings have drawn significant public attention, with debates surrounding the allegations and the subsequent handling of the case by both the police and the judiciary. As the trial progresses, the focus will remain on the testimonies of the 51 witnesses, whose statements could play a crucial role in determining the outcome of this high-profile case.