Kejriwal, Bibhav were together after assault on Maliwal, indicating larger conspiracy, Delhi police tells SC

NEW DELHI: Delhi police have told the Supreme Court that Arvind Kejriwal and his personal aide Bibhav Kumar were together for significant period of time after "brutal assault" upon AAP's Rajya Sabha MP Swati Maliwal at the Delhi Chief Minister's official residence and there was a larger conspiracy behind the incident.

In an affidavit, the police opposed the bail plea by Kumar on the ground that he continued to exercise substantial influence in the ruling party in Delhi.

However, a complete U-turn was taken by two responsible persons of the party regarding the incident in the days following the commission of the crime, it said.

The police maintained both Kejriwal and the petitioner were together immediately after the commission of the crime for a significant period of time.

However, "the contrarian public stands taken by responsible public servants in the following days also needs to be examined in its correct perspective to decipher if there was a larger conspiracy behind the brutal assault on the complainant/victim at the hands of the petitioner," it said.

In a response to Kumar's plea that the investigation in the case was over, the police said the present case is a very severe case as the victim is a sitting Member of Parliament of a ruling party of Delhi, and she has been brutally beaten up at a very sensitive place, the Chief Minister's house.

"The complainant victim has presided over DCW as Chairperson for sufficient time, and such an assault on her, and that too at the residence of the Chief Minister, casts aspersions on women's safety in society," it said.

The police also said the incident has had a grave impact on the minds of general public and any adjudication in the said case will have cascading effect on the minds of general public.

However, the petitioner has not made the complainant, Maliwal, a party in the proceedings despite making allegations of mala fide against her.

It claimed the petitioner has worked for more than nine years in an authoritative position, and staff of the CM's office continued to report to him despite claims that he is no longer an employee.

"This ongoing influence indicates that the petitioner has the potential to exert pressure, influence, and sway the witnesses associated with the Chief Minister's House/Camp Office," it said.

The police also contended even the Assistant Section officer posted at the CM's residence mentioned that the petitioner was called on his phone to inform about the arrival of Maliwal on the day of the incident.

"While the JE/PWD expressed his inability to enter inside the residence of the CM's residence and retrieve the DVR, the petitioner has unrestricted access to the CM's residence where the DVR was placed, as agreed to by the petitioner himself during sustained interrogation while in police custody. This clearly establishes that while the PWD has the responsibility of upkeep and maintenance of the CCTVs but not actual control over it," it said.

The police also contended selective footages from relevant CCTV cameras were leaked to the media after the incident before the relevant recording devices could be seized by them.

"This needs to be examined to find out whether the crime was conspiratorial or otherwise. Therefore, there is still an apprehension that petitioner herein may influence the witnesses or tamper with the evidences," it said.

The police urged the court to dismiss the plea by the petitioner  against the Delhi High Court's order of July 12.

The High Court had dismissed his bail application, observing that the possibility of him influencing the witness or tampering with evidence could not be ruled out.

He was arrested on May 18 after the FIR was registered against him on May 16 under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe and attempt to commit culpable homicide.

The incident of alleged assault on Maliwal took place on May 13 at Kejriwal's official residence in Delhi, sending shockwaves among the general public.

The police claimed that the complaint filed by Kumar via email against Maliwal for illegal/unauthorised entry and creating a security breach by trespassing at the CM's residence for creating ruckus and interfering in the official duties of the staff at the CM camp office was concocted and merely made to avoid repercussions of his own acts.