Swati Maliwal Assault Case: Delhi Police Moves High Court Against Order To Supply List Of Unrelied Documents To Bibhav Kumar

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

The Delhi Police has impugned an order passed by a sessions court on January 29 dismissing its application challenging a magistrate court order directing it to supply list of unrelied documents to Kumar.

Justice Vikas Mahajan heard the matter briefly today and directed the Delhi Police to file short note of submissions in the matter.

Appearing for the Delhi Police, Standing Counsel Sanjay Lao submitted that the sessions court order is bad in law. He said that since a 3-judge bench of the Supreme Court is seized of the issue of supply of list of unrelied documents to the accused, the Court should await the said decision.

On Court's query, Lao submitted that as on date, law on the issue is on “both sides” and that the list can be supplied if the Supreme Court comes to the conclusion that the same is to be given to the accused.

On this, the Court orally remarked: “Sometimes what happens is, the Supreme Court might take some time to decide an issue and the issue remains pending for some time, in such situation we have to go by law what is prevailing as on today. Cite law on both sides. Make out a case for stay.”

Lao then said that the judgment relied upon by Kumar to seek list of unrelied documents mostly concern cases pertaining to Central Bureau of Investigation (CBI) and interpretation of CBI manual which is not similar in case of Delhi Police.

The Court then remarked that the CBI manual will not override the CrPC and that even in CBI matters, the procedure is governed by the CrPC.

The matter will now be heard on March 11.

In September last year, Kumar was granted bail by the Supreme Court.

Initially, Kumar had moved the trial court for bail, but was denied relief on May 27, 2024. His second regular bail plea was rejected by the Sessions Court on June 7, 2024.

Aggrieved, Kumar then approached the Delhi High Court, however, a bench presided by Justice Anoop Kumar Mendiratta had rejected his bail plea, observing that though he happens to be only designated as a personal secretary to the Chief Minister, he yields considerable influence. 

The judge had said that at the current stage, it could not be ruled out that witnesses may be influenced or evidence may be tampered with, in case Kumar is released on bail.

Title: State v. Bibhav Kumar