NEW DELHI: The Supreme Court on Thursday rebuked Arvind Kejriwal's aide Bibhav Kumar for assaulting AAP's Rajya Sabha MP Swati Maliwal, saying it was shocked with the incident at the official residence of the Delhi Chief Minister.
A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan, however, issued notice to the Delhi police after hearing Kumar's counsel senior advocate A M Singhvi seeking bail for him.
The court scheduled the matter for hearing on Wednesday.
In his arguments, Singhvi said this is not a murder case, even the injuries were simple in nature, even the trial court should have granted bail in the matter.
"Two bruises, one on the right cheek and one over the left leg,"
he said, also citing the delay in lodging the FIR.
He said the incident was of May 13 and the FIR is registered on May 16. Singhvi said the story of the FIR is so strange, she went to the police station on the first day and did not file the FIR but then filed it three days later.
The bench, on its part, asked, "Is CM's house official or private residence? Does it require this kind of rules? We are shocked. This is not about major or minor injuries."
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Singhvi said the charge sheet has already been filed in the case.
"We don't want to read it in open court. Give us sometime to read it," the bench said.
The court also noted the petitioner was not a political secretary but a government employee on the date of the incident.
"Does he think the power has gone into his head," the bench asked, citing the details of the incident mentioned in the FIR.
Singhvi said this is not a murder case and all these detailed examination is for trial.
"You are right we grant bail to murderers and killers. But here look at the FIR. She is crying at the physical condition. Did you have authority? If this kind of person cannot influence witness then who can? Was anyone there in the drawing room to speak against him you think? He doesn't seem ashamed we think," the bench said.
Singhvi said the court was treating the FIR as gospel truth. The police lodged FIR only on her complaint not upon his plaint, he said.
"We are not on your internal and other politics. We are going by criminal process and the FIR," the bench pointed out.
The court finally asked the petitioner to place on record the charge sheet and fixed the matter for hearing on Wednesday.
Kumar challenged validity of the Delhi High Court's order of July 12 dismissing his bail plea noting the possibility of him influencing the witness or tampering with evidence.
The personal secretary to Kejriwal is currently in judicial custody. He allegedly assaulted Maliwal on May 13 at Kejriwal's official residence here.
An FIR was registered against Kumar 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.
He was arrested on May 18.
Delhi Police claimed Kumar has been non-co-operative during investigation and gave evasive answers to its questions. It alleged that he deliberately did not disclose the password of his mobile phone, an important piece of information in the probe to unearth the truth.
Kumar contended both he and Maliwal filed FIRs against each other but the police investigated only her FIR.
