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The Delhi Police on Tuesday have petitioned the Delhi High Court to overturn a lower court directive requiring them to furnish a list of unrelied documents to Bibhav Kumar, an aide to former Chief Minister Arvind Kejriwal, in the Swati Maliwal assault case.
Legal Proceedings
Justice Vikas Mahajan has scheduled a hearing for March 11 and instructed the police counsel to submit a written argument supporting their challenge. The police are contesting a January 29 trial court order that dismissed their plea against a magistrate’s ruling mandating disclosure of the document list to Kumar.
Delhi government standing counsel Sanjay Lao contended that the trial court’s order was legally flawed, emphasizing that the Supreme Court is currently examining the broader question of whether accused individuals have the right to access unrelied documents in criminal proceedings.
Acknowledging the complexity of the legal issue, Justice Mahajan 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 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.”
Lao further argued that legal interpretations on this matter remain divided and that, should the Supreme Court ultimately rule in favor of disclosure, the accused would be granted access to the requested documents at that stage.
Case Background
Kumar stands accused of assaulting Swati Maliwal on May 13, 2024. After being denied bail by both the trial court and the high court, he eventually secured relief from the Supreme Court. A magistrate’s court formally took cognizance of the chargesheet against Kumar on July 30, 2024.
The FIR, registered on May 16, 2024, charges Kumar under multiple provisions of the Indian Penal Code, including criminal intimidation, assault or criminal force with intent to disrobe a woman, and attempted culpable homicide.
Broader Legal Implications
The outcome of this case carries significant legal ramifications, particularly given its intersection with the top court’s ongoing deliberations regarding the rights of accused individuals to access unrelied documents in criminal trials.
The Delhi Police now await the High Court’s ruling on whether the document list must be disclosed or withheld pending the Supreme Court’s final decision on the overarching legal issue.
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