The Delhi High Court is set to hear an appeal by the Delhi Police challenging a lower court’s decision that mandated the disclosure of “unrelied documents” to Bibhav Kumar, an aide to Aam Aadmi Party (AAP) convener Arvind Kejriwal, in a case involving the alleged assault of AAP Rajya Sabha MP Swati Maliwal. The hearing is adjourned to March 11, allowing the police to prepare a detailed submission on the matter.
“Unrelied documents” are those gathered during an investigation but not utilized by the prosecution before the trial begins. The city court’s earlier ruling, which the Delhi Police now contests, came after additional sessions judge Raj Kumar affirmed a decision by metropolitan magistrate Gaurav Goyal. Goyal’s order stressed the necessity for the prosecution to provide these documents to ensure a fair investigation and trial process.
The police’s appeal, presented by standing counsel Sanjay Lao, argues that the lower court’s directive was flawed legally and could set an undesirable precedent. The police further highlighted that a similar issue is currently under consideration by a three-judge bench of the Supreme Court, led by Justice AS Oka, regarding the entitlement of accused persons under the Prevention of Money Laundering Act (PMLA) to access unrelied documents before trial.
The controversy began with allegations from Maliwal, who accused Kumar of assaulting her at the residence of then-Chief Minister Kejriwal on May 13, 2024. Following her complaint, an FIR was lodged against Kumar. Kumar responded with a counter-complaint against Maliwal, alleging unauthorized entry and threats, suggesting political motivations behind the charges.
Kumar was arrested by the Delhi Police on May 18, 2024, and subsequently granted bail by the Supreme Court on September 2. The case has garnered significant attention due to its implications for legal precedents concerning the disclosure of evidence and the rights of the accused in criminal proceedings.
