Delhi HC Rejects Bhardwaj's Plea In Jantar Mantar Assault Case

The Delhi High Court on Monday rejected a habeas corpus petition filed by social media influencer Swatantra Bhardwaj, challenging his arrest in connection with an alleged assault involving Sanjay Azad.

The alleged assault took place during a protest at Jantar Mantar, where Bhardwaj was present. Bhardwaj's counsel argued that the Supreme Court had already quashed the FIRs and questioned the Delhi Police's decision to arrest him from Bulandshahr, Uttar Pradesh.

The lawyer also claimed that Bhardwaj had been present at a Cockroach Janta Party (CJP) protest and argued that the FIR itself reflected this. However, the bench observed that habeas corpus was not maintainable in the circumstances and directed the petitioner to raise such objections before the Sessions Court.

The Delhi Police responded that Bhardwaj's counsel appeared to be referring to FIRs that had been quashed by the Supreme Court, adding that the FIR in the present case was not among them. The court was also informed that the FIR invoked provisions of the SC/ST (Prevention of Atrocities) Act.

Earlier on Monday, the Patiala House Court sent Bhardwaj to 14 days of judicial custody after his one-day police remand expired. He is scheduled to be produced before the court again on September 21. Bhardwaj was detained in Bulandshahr on Friday after a CJP protest demanding his arrest.

The case relates to an alleged assault on Sanjay Azad, who reportedly suffered a head injury. Police later added SC/ST Act and criminal intimidation provisions to the case. A separate POCSO case has also been registered against him.

The rejection of the habeas corpus petition by the Delhi High Court means that Bhardwaj will have to approach the Sessions Court to challenge his arrest. The case has sparked controversy, with many questioning the arrest and the invocation of the SC/ST Act.

The CJP protest at Jantar Mantar was demanding Bhardwaj's arrest, and his detention has been seen as a victory for the protesters. However, Bhardwaj's supporters have argued that the arrest is unjust and that he is being targeted for his social media activism.

The case is likely to have significant implications for social media influencers and activists in India, highlighting the risks of arrest and prosecution for online activities. The use of the SC/ST Act and POCSO provisions has also raised concerns about the misuse of these laws.

In conclusion, the Delhi High Court's rejection of Bhardwaj's habeas corpus petition is a significant development in the case, and it remains to be seen how the Sessions Court will rule on his arrest. The case has sparked controversy and debate, and its outcome will have important implications for social media influencers and activists in India.