Delhi Police on Tuesday approached the Delhi High Court seeking to overturn a trial court’s order directing them to supply a list of unrelied documents to Bibhav Kumar, an aide of former Chief Minister Arvind Kejriwal, in the Swati Maliwal assault case.
During the hearing, Justice Vikas Mahajan instructed Delhi Police counsel to submit detailed submissions in writing, scheduling the next hearing for March 11.
The police challenged the lower court’s January 29 decision, which had dismissed their plea against a magistrate’s directive to provide Kumar with the list of documents not relied upon in the chargesheet.
Appearing for the Delhi Police, Delhi government standing counsel (criminal) Sanjay Lao argued that the lower court's order was "bad in law." Lao highlighted that a similar matter concerning the supply of unrelied documents is currently pending before the Supreme Court, and thus subordinate courts should await the apex court’s decision.
Justice Mahajan observed, "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 a situation, we have to go by the law which is prevailing as on date. Make out a case for stay and show me something to strengthen your argument."
Kumar stands accused of assaulting Swati Maliwal on May 13, 2024. An FIR was registered against him on May 16, 2024, charging him under various IPC sections, including criminal intimidation, assault or criminal force against a woman with intent to disrobe, and attempt to commit culpable homicide.
He secured bail from the Supreme Court after his applications were rejected by both the trial court and the high court. The magistrate court had earlier taken cognisance of the chargesheet filed against him on July 30, 2024.
The case will now continue before the high court, with further arguments expected at the upcoming hearing scheduled for March 11.