Swatantra Bhardwaj Held Over Assault On Protester's Kin

Synopsis

A Delhi court on September 5 remanded in one day police custody a man named Swatantra Bhardwaj, who is self-styled as an influencer and allegedly assaulted CJP protester Nishu Azad's father, Sanjay Kumar on June 23, at Jantar Mantar. Political pressure, further charges for violations of the POCSO and SC/ST Acts and questions about procedural irregularities in his custody hearing were raised after a viral video of Bhardwaj boasting about the assault surfaced.

The incident at Jantar Mantar

The case is about a Cockroach Janta Party protest on alleged leak of exam papers at Jantar Mantar on June 23 where Delhi Police had said that party leader Sanjay Kumar sustained an injury on his head during a scuffling.

Kumar was filming the protest when a fight ensued over the filming, which further intensified after two or three other men joined the fight, according to the FIR. Kumar stated that he was punched on the head and hit by a hard object that looked like an iron bangle and was rushed to RML Hospital where he was found to have two lacerated wounds on the head.

The crime was created by Delhi Police against Bhardwaj and Suraj Kumar under Sections 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita. Swatantra Bhardwaj arrested in UP over assault at Jantar Mantar case intensifies

A Viral Clip Reinvigorates the Case

The case was revived after a podcast segment with Bhardwaj was posted that he had fractured the victim's skull and he needed about 60 stitches. In the recording Bhardwaj referred to Section 307 (attempt to murder) and stated that Kumar had been 'almost dying in the ambulance', and added that he had enjoyed 'political protection' and had not been jailed.

The comments by Bhardwaj generated calls for his arrest from the CJP and Opposition parties, with Congress leader Rahul Gandhi asking why Bhardwaj was not arrested and accusing him of being protected by the political establishment, a claim the Delhi Police denied.

Arrest, Charges, and a Contested Custody Order

The CJP had staged a protest in front of the Parliament Street Police Station to demand the arrest of Bhardwaj and the Delhi Police had claimed that the accused would be arrested under the POCSO Act, SC/ST Act and attempt to murder within 72 hours.

The Delhi court had put Bhardwaj's name on one-day police custody on Saturday after first detaining him by Delhi Police in Bulandshahr district of Uttar Pradesh. Along with the agitation of CJP, Azad Samaj Party chief Chandra Shekhar, Purnea MP Pappu Yadav and Indian Youth Congress joined the agitation.

In the case of Nishu Azad, Delhi court remands Swatantra Bharadwaj to one day police custody.

The hearing for custody was called into question. According to reports, Bhardwaj was expected to appear in the Patiala House court, but instead appeared at the residence of Additional Sessions Judge Saurabh Pratap Singh Laler at around 2 pm on Saturday.

The fact that everyone was in the Court while waiting for the hearing to commence is very strange, says Rishav Ranjan, counsel for Nishu Azad.

Ranjan also pointed out that there was still no official statement by the Delhi Police regarding the charges or additions to the FIR. Bhardwaj's advocate Umesh Sharma, who appeared on behalf of the accused, also spoke of "a lot of confusion" over the case and noted that the defence had yet to meet the accused.

Political Ripples

Union Minister and LJP-RV leader Chirag Paswan in a written complaint said his name has been "misused" by the accused in the viral video, and added that he had registered an official complaint and will ensure that justice is done to the family of the minor girl.

What Comes Next

The one-day order of custody stipulates that Bhardwaj is to be handed over to court, although his attorney has said they are not sure where. The introduction of SC/ST Act and POCSO Act offences after the attempt to murder charges shows the investigators are not playing it lightly like the initial charges of scuffle. It is yet to be seen whether the procedural irregularities raised by the Ranjan draw a judicial review.