Maliwal assault case: Court asks prosecution to provide Bibhav list of 'unrelied upon' documents

Bibhav Kumar. File Pic/PTI

A court on Tuesday allowed an application of former chief minister Arvind Kejriwal's aide Bibhav Kumar to supply a list of documents or material objects seized but not relied upon by the prosecution in the case of alleged assault on Rajya Sabha MP Swati Maliwal.

Kumar, accused of assaulting Maliwal on May 13 at the former chief minister's official residence, is currently out on bail.

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Judicial Magistrate Gaurav Goyal referred to some judicial precedents and said, "It is clear that the prosecution is required to supply a list of unrelied upon documents, along with the relied upon documents to the accused. Thus, the contention of the additional public prosecutor that the list of unrelied upon documents cannot be supplied does not hold water." The court, however, made it clear that according to the precedents, only a list of documents had to be provided and that the prosecution was not required to provide the actual documents.

"Accordingly, the state is directed to file a list of the statements and documents/material objects seized but not relied upon by them and supply a copy," the court said, disposing of the application.

Kumar had also moved a plea for supply of deficient documents, including the application made by the prosecution to the chief medical officer (CMO) of AIIMS, some call detail records of Kumar and a copy of a pen drive having CCTV footage.

To this, the investigation officer informed the court that some documents mentioned in the application had been already supplied and that the call detail records from May 12 to May 17 and the screenshots of the WhatsApp messages dated May 13 sent by Maliwal could not be provided as they were not taken up for investigation.

Regarding the pen drive containing the CCTV footage of the CM house's drawing room, the IO said that it had been deposited for examination to the National Forensic Science University at Gandhinagar and Kumar would be supplied a copy after the pen drive is returned.

The officer also said that no "breach report" dated May 13 had been prepared.

He said that the original application was made to the AIIMS trauma centre's CMO to examine Swati Maliwal and that no separate application was available.

Regarding some other documents, the officer said that they could not be provided as they contained a sensitive list of officers posted at the Chief Minister's Office and residence.

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