New Delhi: The Delhi Police has termed the alleged physical assault of AAP Rajya Sabha MP Swati Maliwal at chief minister's residence as "brutal" and urged the Supreme Court to dismiss the bail plea of accused Bibhav Kumar in the case.
The Delhi Police, in its reply to the bail plea of Kumar, an aide of Chief Minister Arvind Kejriwal, also told the top court to hear Maliwal too in the case.
Kumar, who is currently in judicial custody, is accused of assaulting Maliwal on May 13 at Kejriwal's official residence and has challenged the July 12 order of the Delhi High Court denying him bail.
"The present case is a case pertaining to a brutal assault on a sitting Member of Parliament by influential ex-officer pertaining to the Chief Minister's residence wherein the occurrence of incidence is also at the residence of the Chief Minister of Delhi...and such an 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," said an affidavit filed by Deputy Commissioner of Police Manoj Kumar Meena.
The affidavit said that the accused is an "influential person" in comparison to the victim and "the present case requires the complainant to be heard as any liberty granted to the accused petitioner herein directly affects her safety and wellbeing and also of her family members".
It said the victim corroborated her complaint in her statement recorded before a judicial magistrate as well.
"It is important to note that the victim was deeply traumatized by the harassment and assault she experienced. Furthermore, the victim is an esteemed sitting Member of Parliament from a ruling party in Delhi, and she was brutally assaulted at a highly sensitive location, the Hon'ble Chief Minister's residence.
"This severe incident significantly impacted her mental state, causing her to remain confined to her home for four days following the assault," the affidavit said.
A bench headed by Justice Surya Kant is hearing the case. On August 1, the bench had made some strong observations about the alleged offence and the accused.
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.
While denying him bail, the high court had said that the accused enjoys "considerable influence" and no ground was made out to grant him the relief. It cannot be ruled out that witnesses may be influenced or evidence tampered with in case the petitioner is released on bail, the high court had said.