Delhi HC to hear police plea in Bibhav Kumar case

The case pertains to allegations made by AAP Rajya Sabha MP Maliwal, who claimed that Kumar assaulted her at the house of Arvind Kejriwal

The Delhi Police on Tuesday moved the Delhi high court against a city court’s order, directing the force to supply a list of “unrelied documents” to Aam Aadmi Party (AAP) convener Arvind Kejriwal’s aide Bibhav Kumar, in connection with the alleged assault of AAP parliamentarian Swati Maliwal.

Bibhav Kumar. (PTI)

“Unrelied documents” refer to documents that are seized by police while conducting an investigation, but not relied upon before the commencement of the trial.

Though the matter was listed before a bench of justice Vikas Mahajan on Tuesday, it was adjourned for March 11 after the Delhi Police sought time to file a written note on its submissions in its appeal against the city court’s order.

“At request renotify on March 11. In the meanwhile, let the state be ready with a short note on the submissions,” the court said in its order.

On January 29, additional sessions judge Raj Kumar upheld an October 22, 2024 order, passed by metropolitan magistrate Gaurav Goyal, remarking that it was incumbent upon the prosecution to supply the list before framing charges to meet the mandatory requirements of fair investigation and trial.

In its petition before the high court, the Delhi Police asserted that the order was bad in law since the city court had directed them to supply the list, despite a specific prayer in this regard, and the same would set a “precedent”. The plea, argued by standing counsel Sanjay Lao, added that a three-judge Supreme Court bench was currently seized of the issue, and the court should have awaited the top court’s decision.

To be sure, a three-judge bench led by justice AS Oka in September 2024 had reserved its verdict regarding the entitlement of an accused under the Prevention of Money Laundering Act (PMLA) to get seized documents that the prosecution does not rely on before the commencement of trial.

The case pertains to allegations made by AAP Rajya Sabha MP Maliwal, who claimed that Kumar assaulted her at the residence of Kejriwal — the then chief minister — on May 13, 2024. Based on Maliwal’s complaint, police filed an FIR against Kumar.

Kumar, in turn, filed a complaint alleging unauthorised entry and threats by Maliwal, hinting at possible political motives behind the accusations.

Kejriwal’s aide was apprehended by the Delhi Police on May 18, last year and was formally arrested amid the hearing of his anticipatory bail plea. He was granted bail by the Supreme Court on September 2.