India

Delhi court grants Hindutva activist Bhardwaj three-week interim bail in assault case

New Delhi: A Delhi court has granted three weeks’ interim bail to Hindutva influencer Swatantra Bhardwaj in a case related to the alleged assault of the father of a teenage Dalit activist during a Cockroach Janta Party (CJP) protest at Jantar Mantar.

According to Kashmir Media Service, Additional Sessions Judge Saurabh Pratap Singh Laler of Patiala House Courts granted the interim relief while considering Bhardwaj’s pleas for regular bail. The court said his conduct during the three-week period would be taken into consideration before deciding his regular bail plea.

Bhardwaj was arrested in Uttar Pradesh on September 5 in connection with the assault. He was initially booked under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita (BNS), relating to causing hurt and wrongful restraint. Additional charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were later invoked, while a separate FIR was registered under the Protection of Children from Sexual Offences (POCSO) Act.

The case drew wider attention after Bhardwaj claimed in a social media interview that he had “cracked the skull” of the complainant and had avoided arrest because of his political connections. Following protests by CJP demanding his arrest, including outside the Parliament Street police station, additional allegations and charges were brought into the case.

The court’s detailed order pointed to shortcomings in the police investigation. It noted that allegations of caste-based abuse were not part of the initial FIR and surfaced later. The judge observed that the delay did not, by itself, establish that the allegations were false, but said it was relevant to assessing the case at the bail stage.

The court also emphasised that the allegations concerning the June 23 incident would ultimately have to be determined on the basis of evidence in court rather than through public or social media commentary.

His regular bail plea will be considered after the three-week interim period, subject to his conduct during that period.

It is pertinent to note that rights groups have repeatedly raised concerns over the prolonged detention of Muslim activists in India. A prominent case is that of activist Umar Khalid, who has been in custody since 2020 in connection with a case arising from the Delhi riots. Rights groups have described the case as politically motivated, while Khalid has remained in jail for nearly six years without conviction despite repeatedly seeking bail. The interim relief granted to Bhardwaj has renewed questions about the contrasting treatment of activists facing criminal proceeding in India, particularly when compared with the prolonged incarceration of Muslim activists such as Khalid.

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