Court asks prosecution to provide Bibhav list of 'unrelied upon' documents

A court on Tuesday allowed an application of former chief minister Arvind Kejriwals 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 MaliwalKumar accused of assaulting Maliwal on May 13 at the former chief ministers official residence is currently out on bailJudicial 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 documentsAccordingly the state is directed to file a list of the statements and documentsmaterial objects seized but not relied upon by them and supply a copy the court said disposing of the applicationKumar 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 footageTo 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 investigationRegarding the pen drive containing the CCTV footage of the CM houses 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 returnedThe officer also said that no breach report dated May 13 had been preparedHe said that the original application was made to the AIIMS trauma centres CMO to examine Swati Maliwal and that no separate application was availableRegarding some other documents the officer said that they could not be provided as they contained a sensitive list of officers posted at the Chief Ministers Office and residenceThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever