Delhi CM Arvind Kejriwal's aide Bibhav Kumar.
Credit: PTI Photo
New Delhi: Delhi police have claimed before the Supreme Court a larger conspiracy behind the "brutal assault" upon AAP's Rajya Sabha MP Swati Maliwal by an aide of Delhi Chief Minister Arvind Kejriwal at his official residence.
Opposing the plea for bail of accused Bibhav Kumar, the police said 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.
The police also said a complete U-turn was also taken by two responsible persons of the party regarding the incident in the days following the commission of the crime.
In an affidavit, 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, yet the petitioner has not made the complainant, a party in the proceedings despite making allegations of mala fide against her.
It claimed the petitioner is a very influential person who may sway the witnesses as he 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," police said.
It claimed 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, which also "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."
The police asked the top court to dismiss the plea by the petitioner against the Delhi High Court's order of July 12 which rejected his bail application, observing that the possibility of him influencing the witness or tampering with evidence could not be ruled out.
The petitioner is alleged to have assaulted Maliwal on May 13 at Kejriwal's official residence here.
He was apprehended 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.