Delhi High Court Denies Influencer Swatantra Bhardwaj’s Bail Plea

The CSR Journal Magazine

The Delhi High Court has turned down a petition contesting the arrest of influencer Swatantra Bhardwaj, who faces allegations of assaulting the father of a student activist during a protest held by the Cockroach Janta Party (CJP) at Jantar Mantar. This incident has generated significant media attention, drawing public scrutiny of Bharadwaj’s actions at the protest.

A bench comprising Justices Navin Chawla and Ravinder Dudeja stated that Bharadwaj remains in custody as mandated by judicial orders. The court noted that he has the option to challenge his arrest in the relevant trial court, highlighting the necessity of following appropriate legal channels for disputing arrests.

Legal Arguments Presented

Bhardwaj’s legal representative argued that the arrest was unlawful, referencing a recent Supreme Court order that allegedly dismissed the FIR under which Bharadwaj was taken into custody. The counsel maintained that this dismissal should have rendered the arrest invalid. However, the Delhi Police countered this argument by clarifying to the High Court that the FIR related to this matter had not been dismissed.

The police action against Bharadwaj took place shortly after a protest outside the Parliament Street police station on September 4, where demonstrators were demanding accountability for the alleged assault. This specific timeline suggests a rapid escalation of events following public outcry regarding the incident.

Subsequent to his arrest in Bulandshahr, Bharadwaj was presented before a sessions judge the next day. The judge approved a one-day custodial interrogation for the Delhi Police. The case moved further when Bharadwaj was virtually presented before a duty magistrate and was subsequently remanded to judicial custody.

Details of the Assault Allegation

The case involved allegations of assault against Sanjay Kumar, the father of a teenage student activist, during a CJP-led demonstration on June 23. Reports indicate that Bharadwaj reportedly claimed to have injured Kumar during the protest and cited political connections as a reason for evading arrest at that time.

Following the incident, the student activist alleged that she faced serious harassment, including threats of sexual violence, verbal abuse, and the distribution of altered images. These allegations surfaced after she publicly condemned the assault on her father and pursued legal action. Such claims have amplified the discourse surrounding the political climate and the treatment of dissenting voices in contemporary India.

The situation has invoked a broader conversation about the safety and rights of individuals involved in political protests, particularly in a context where social media influencers command significant public attention. The developments in this case are likely to influence not only the individuals involved but also the dynamics of political activism in the country.

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