The Delhi High Court on Monday refused to entertain a Habeas Corpus petition filed by right-wing influencer Swatantra Bhardwaj, challenging his arrest in connection with the alleged assault of the father of a Dalit student-activist during protests organised by the Cockroach Janta Party (CJP) at Jantar Mantar in July. Separately, a Delhi court sent him to 14 days of judicial custody in the same case.
A division bench of justice Navin Chawla and justice Ravinder Dudeja rejected Mr Bhardwaj’s plea, in which he had argued that his arrest by the Delhi police was illegal and sought his release from custody.
Mr Bhardwaj was arrested from Uttar Pradesh on 5 September 2026 in connection with the case. He is facing charges under the Bharatiya Nyaya Sanhita (BNS), the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Protection of Children from Sexual Offences (POCSO) Act.
The case stems from an alleged altercation during the CJP protests at Jantar Mantar in July, involving the father of a student-activist.
Mr Bhardwaj was initially booked under Sections 115(2) and 126(2) of the BNS, relating to causing simple hurt and wrongful restraint.
The case, subsequently, took a more serious turn after Mr Bhardwaj allegedly made statements on social media about the incident. He claimed that he had 'cracked the skull' of the girl's father and had been detained by police for only a few hours.
He also claimed to have close links with National Democratic Alliance (NDA) leaders Kapil Mishra and Chirag Paswan. Mr Paswan publicly denied the claim and filed a separate complaint alleging misuse of his name by Mr Mr Bhardwaj.
The allegations and Mr Bhardwaj’s social media statements were followed by protests at the Parliament street police station by several, including the student-activist and her father. Subsequently, additional and more serious provisions were invoked in the case, and Mr Bhardwaj was arrested.
Delhi Court Sends Bhardwaj to Judicial Custody
Separately, a Delhi court sent Bhardwaj to 14 days of judicial custody in the same case. Additional sessions judge Saurabh Partap Singh Laler passed the order after Bhardwaj was produced before the court through video conference.
His arrest took place on 5 September 2026 in Uttar Pradesh, following the escalation of the case from the initial BNS provisions to charges under the SC/ST Act and POCSO Act.
The High Court was dealing specifically with Mr Bhardwaj’s challenge to the legality of his arrest through the habeas corpus proceedings.
Mr Bhardwaj had contended that the police action was unlawful and that he should be released from custody.
The High Court’s rejection of the petition means he will remain in custody, subject to further proceedings in the criminal case and any other remedies available to him in accordance with law.
The allegations against mr Bhardwaj are yet to be established at trial.
The case has drawn attention because of the escalation in the charges following his social media statements and the subsequent protests by the complainant’s family and CJP members. The investigation into the alleged assault and the applicability of the charges will now proceed before the competent courts.
Aravalli Hills: SC Rejects Committee’s Plea for Extension till February 2027, Orders Report by 30th November
Moneylife Digital Team
07 September 2026
The Supreme Court on Monday refused to grant the high-powered committee examining the definition and protection of the Aravalli Hills the six-month extension it had sought, directing the panel to submit its final report by 30th...
‘In a Road-Rage Case, Why Do You Need Digital Footsteps?’ SC Questions UP Police in Journalist Abhishek Upadhyay's Case
Moneylife Digital Team
07 September 2026
The Supreme Court on Monday sought an explanation from the Ghaziabad police commissioner regarding the nature of information sought from the social media platform X, formerly Twitter, in connection with cases registered against...
Same Ideology: Supreme Court Flags Another Assault by Shiv Sena Workers on Doctors
Ritwik Choudhury (Bar
and
Bench)
07 September 2026
The Supreme Court on Monday took exception to frequent assault on doctors in Maharashtra and also noted that people from "same ideology" were behind such attacks, a reference to yet another instance of Shiv Sena workers assaulting...
UP Police Raided My House in Search of Journo Abhishek Upadhyay: Ex-Delhi Mayor to Supreme Court
Bar
and
Bench
05 September 2026
Former Delhi Mayor Farhad Suri has approached the Supreme Court alleging that a large team of Ghaziabad Police raided his Delhi residence at midnight while looking for journalist Abhishek Upadhyay, who reported about the Ram Mandir...
Until now whatever Modi Inc did was unchallenged.