Delhi High Court Rejects Swatantra Bhardwaj's Plea Against Arrest In CJP Protester Assault Case

Nupur Thapliyal

7 Sept 2026 4:30 PM IST

  • Delhi High Court Rejects Swatantra Bhardwajs Plea Against Arrest In CJP Protester Assault Case
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    The Delhi High Court on Monday (September 7) rejected a habeas corpus plea filed by Swatantra Bhardwaj in relation to his arrest in an alleged assault case relating to father of a teenage Cockroach Janta Party (CJP) activist during Jantar Mantar protest in July.

    A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja passed the order.

    The Counsel for Bhardwaj submitted that even a single day's custody is illegal. Meanwhile Delhi Police's counsel Sanjay Lao said that Police remand was given for one day and next day Bhardwaj was produced before duty magistrate and Judicial Custody (JC) was given.

    "Today he was produced before court and 14 days JC remand given. Once there is legal order they can challenge it there. Where is question of habeas corpus?," Lao said.

    Meanwhile the court orally said, "He (Counsel for Bhardwaj) says that as per SC order, this FIR has been quashed. Please confirm it to us if it is quashed or not. If it is quashed then why should he be in custody".

    Advocate Swati Khanna appeared for the complainant and said it is an SC/ST Act FIR. Meanwhile the Counsel for Bhardwaj said the FIR itself says CJP protest.

    The Court was also informed that SC/ST Act provisions were added later. It further noted the petitioner's contention that FIR has been tagged and quashed by Supreme Court on September 01.

    The court however noted Counsel for Bhardwaj had not taken this stand in petition.

    "Even if we would have issued notice what reply would they have filed?" Court asked the petitioner's counsel.

    Meanwhile Lao contended that this was not one of the FIR's which had been quashed by the Supreme Court and that Bhardwaj was produced on Saturday where he was remanded to one day police custody and that yesterday he was remanded to one day judicial custody; whereas today he was produced before the concerned court and he has been remanded to 14 days of Judicial Custody.

    "On a perusal, the petitioner raises ground that FIR is quashed and thus custody of petitioner is illegal. This ground has not been raised in petition.… Mr. Lao states this FIR has not been quashed by Supreme Court. We may note that copy of FIR 91 of 2026 has not been supplied to petitioner. We fail to understand how this prayer is sought in habeas corpus writ," the court said in its order rejecting the plea.

    The matter was listed and heard urgently after mentioning by Bhardwaj's lawyer, Advocate Umesh Sharma, was allowed for today. The plea has been filed through his father Randhir Kumar Jha.

    Bhardwaj was remanded to judicial custody yesterday. On Saturday, he was sent to one day of police custody. Today, he has been further remanded to 14 days of judicial custody and will now be produced before the concerned judge on September 21.

    Bhardwaj was detained in Uttar Pradesh's Bulandshahr on Friday, hours after the CJP staged a protest outside the Parliament Street police station demanding his arrest in the matter.

    The Delhi Police had then added provisions of the SC/ST (Prevention of Atrocities) Act and criminal intimidation to the FIR against Bhardwaj over the alleged assault on the father of the minor activist. A POCSO case has also been registered against him.

    Bharadwaj came under scanner after his claims in a video podcast about assaulting the father of the CJP protester became viral. In the video, he boasted that he had political connections.

    Title: SWATANTRA BHARDWAJ THROUGH HIS FATHER RANDHIR KUMAR JHA v. STATE GOVT OF NCT OF DELHI AND ORS

    Case Number: W.P.(CRL)-2750/2026

    Nupur Thapliyal

    Nupur Thapliyal

    Nupur Thapliyal is a Principal Correspondent with LiveLaw, based in New Delhi. She reports from the Delhi High Court and trial courts in the national capital

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