New Delhi: Delhi Police on Tuesday sought setting aside of an order over the supply of list of documents to Bibhav Kumar, an aide of former CM Arvind Kejriwal, in the Swati Maliwal assault case.
Justice Vikas Mahajan asked the Delhi Police counsel to submit a note on submissions and posted the hearing on March 11.
The police challenged a January 29 order of a trial court which dismissed Delhi Police’s plea against a magistrate’s decision for the supply of the list of unrelied documents to Kumar.
Delhi government standing counsel (criminal) Sanjay Lao, appearing for Delhi Police, said the order was bad in law.
He said the Supreme Court was seized of the issue of supply of a list of unrelied documents to the accused in another case and the subordinate courts should await the decision.
Lao submitted as of now, law on the issue was on both sides.
He said the list of documents would provided to the accused once the apex court concluded in the affirmative.
Justice Mahajan, however, said, “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.”
Bibhav Kumar is accused of assaulting Swati Maliwal on May 13, 2024 and is currently on bail.
A magistrate court took cognisance of the chargesheet against him on July 30, 2024.
The FIR against Kumar was registered on May 16, 2024 for offences under IPC, including criminal intimidation, assault or criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide.
His bail plea was previously dismissed by the trial court and the high court following which he got the reprieve from the Supreme Court.
