Introduction
Swatantra Bhardwaj, noted right-wing influencer, has recently approached the Delhi High Court with a Habeas Corpus petition, contending that his arrest by Delhi Police was unlawful. The case was swiftly brought to the attention of Chief Justice Devendra Kumar Upadhyaya, who has agreed to an expedited hearing.
Background of the Case
Advocate Umesh Sharma, representing Bhardwaj, highlighted the urgency of the matter, noting that Bhardwaj has been in police custody for three days. The arrest took place on September 5 in Uttar Pradesh, following allegations that he assaulted the father of a Dalit student-activist during a protest organized by the Cockroach Janta Party (CJP) at Jantar Mantar in July.
Charges and Legal Proceedings
Bhardwaj faces charges under various legal provisions, including the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) and the Protection of Children from Sexual Offences Act (POCSO Act). Initially, the charges were limited to Sections 115(2) (causing simple hurt) and 126(2) (wrongful restraint) of the Bharatiya Nyaya Sanhita (BNS). However, the charges escalated following Bhardwaj’s social media claims.
Social Media Controversy
In a controversial social media post, Bhardwaj claimed that he had inflicted serious injury on the student’s father and was briefly detained by the police. He further asserted connections with notable NDA leaders, Kapil Mishra and Chirag Paswan. However, Chirag Paswan publicly refuted these claims and filed a separate complaint against Bhardwaj for misusing his name.
Escalation of Charges
The protest by CJP leaders, alongside the student and her father at the Parliament Street police station, led to the imposition of more serious charges against Bhardwaj. Consequently, he was placed in judicial custody on September 6 by the Duty Magistrate, pending further judicial review.
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Current Status and Future Proceedings
Bhardwaj is scheduled to appear before the Magistrate again today, where the court will decide on the extension of his judicial remand. The outcome of the expedited hearing in the Delhi High Court could significantly impact the course of his legal battle.
