The Delhi High Court has dismissed a habeas corpus petition filed by Swatantra Bhardwaj challenging his arrest in the CJP protester assault case, sending him to 14 days of judicial custody.
NEW DELHI — The Delhi High Court on Monday dismissed a habeas corpus petition filed on behalf of right-wing influencer Swatantra Bhardwaj, who challenged the legality of his detention in connection with an alleged assault during a Cockroach Janta Party (CJP) protest at Jantar Mantar.
A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja rejected the petition after observing that Bhardwaj was held under valid judicial orders issued by a trial court. The court stated that the petitioner is free to challenge his custody before the appropriate trial forum.
Arguments Over Legality of Arrest
Counsel representing Bhardwaj argued before the High Court that the arrest was unlawful. The defense contended that the First Information Report (FIR) under which Bhardwaj was taken into custody stood quashed following a September 1 Supreme Court ruling that closed several cases related to the CJP demonstrations.
Counsel for the Delhi Police countered the argument, stating that the specific FIR concerning the assault had not been quashed by the apex court. The prosecution submitted that Bhardwaj was produced before a duty magistrate and subsequently remanded to judicial custody, eliminating any ground for illegal detention.
Trial Court Sends Accused to Judicial Custody
In a parallel development at Patiala House Courts on Monday, Special Judge Saurabh Pratap Singh Laler remanded Bhardwaj to 14 days of judicial custody. The order was passed following the expiry of his one-day police custody, after he was produced before the court via video conferencing. He is scheduled to appear next on September 21.
Bhardwaj was detained in Bulandshahr, Uttar Pradesh, on Friday by the Delhi Police Crime Branch following public outrage over a viral podcast interview. In the video, he allegedly bragged about assaulting Sanjay Azad—the father of a minor student activist—with a heavy iron bangle (kada) during the June 23 protest.
Following renewed complaints and a meeting involving CJP representatives and senior police officers, authorities added charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act alongside provisions of criminal intimidation and the Protection of Children from Sexual Offences (POCSO) Act to the case.