CJP Protest Assault Case: Delhi Court Grants 3-Week Interim Bail To Swatantra Bhardwaj

New Delhi: On Tuesday, a Delhi court granted right-wing influencer Swatantra Bhardwaj three weeks' interim bail in connection with the alleged attack of a Dalit student-activist's father during the Cockroach Janta Party (CJP) protests at Jantar Mantar.

Additional Sessions Judge Saurabh Pratap Singh Laler of the Patiala House Court issued the order. Bhardwaj had applied to the court for regular bail, but was given interim respite for three weeks.

Bhardwaj was arrested in Uttar Pradesh on September 5 and is now in judicial custody. He is facing prosecution for the alleged attack as well as laws of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

From Minor Charges To SC/ST Act: How The Case Escalated

The case began with a FIR, in which Bhardwaj was charged with causing simple injury under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita. The situation became more serious after Bhardwaj allegedly claimed on social media that he had fractured the girl's father's skull and had only been arrested by police for a few hours.

Following this, CJP representatives, along with the student and her father, staged a protest outside the Parliament Street police station, demanding more attention. The charges were then intensified, including the use of sections from the SC/ST Act, and Bhardwaj was detained. 

A secondary FIR was also filed against him under the terms of the Protection of Children from Sexual Offenses (POCSO) Act.

Bhardwaj had earlier challenged his arrest before the Delhi High Court through a habeas corpus petition, seeking a declaration that his arrest was illegal. The High Court rejected the plea.

‘Political’ Arrest Or Assault By Complainant?

During the bail hearing, Bhardwaj's advocate, Umesh Chandra Sharma, claimed that the Delhi Police arrested him for political motives. He further alleged that the complainant attacked Bhardwaj.

Sharma told the court that a video exists of the complainant attacking Bhardwaj, but claimed that the Delhi Police had taken no action against him. Advocate Swati Khanna, representing the plaintiff, refuted the arguments. She said that Bhardwaj used casteist insults against the complainant and showed a video in which Bhardwaj allegedly admitted that he was the one who attacked him.

Khanna further informed the court that Bhardwaj had already filed a habeas corpus petition against his arrest with the Delhi High Court, which had been denied.

Police Explain Why SC/ST Charges Were Added

Meanwhile, the Delhi Police informed the court that the original complaint contained no allegations of casteist remarks. According to the police, the allegation was made after the complainant's statement was recorded again, and provisions from the SC/ST Act were added to the case.

Bhardwaj, who refers to himself as a "kattar Hindu," allegedly made the claim about smashing a protester's skull during a widely distributed video podcast. The comment was in relation to the July brawl at Jantar Mantar, during which the student's father, a Ghaziabad native, had a head injury.

His arrest came soon after CJP supporters, led by party leader Saurav Das, marched to the police station and demanded that an FIR be registered against Bhardwaj under more serious provisions, including attempt to murder and the SC/ST Act. Bhardwaj remains in judicial custody, subject to the court’s order granting him three weeks’ interim bail.