Patiala House Court: Swatantra Bhardwaj Interim Bail in CJP Protest

• A Delhi court granted right-wing influencer Swatantra Bhardwaj three weeks of interim bail in an assault case.
• This interim bail was issued despite Bhardwaj having only filed for regular bail, with no specific application for interim relief.
• Bhardwaj faces serious charges under the SC/ST Act and the POCSO Act, stemming from an alleged assault during a CJP protest at Jantar Mantar.
• He was arrested on September 5 from Uttar Pradesh after initial charges under the Bharatiya Nyaya Sanhita were escalated following his social media claims and a protest.
• The court's detailed reasoning for granting interim bail is pending release.

The grant of interim bail without a specific application, particularly in a case involving serious charges under the SC/ST Act and POCSO, highlights the court's discretionary powers.

A Delhi court recently granted right-wing influencer Swatantra Bhardwaj three weeks of interim bail in connection with an assault case. The order was issued by Additional Sessions Judge Saurabh Pratap Singh Laler of the Patiala House Court. This decision came despite Bhardwaj having filed an application solely for regular bail, with no specific request for interim relief.

The court's detailed reasoning behind granting interim bail without a dedicated application is currently awaited and will be made public once the official order is uploaded. This procedural aspect has drawn attention, particularly given the serious nature of the charges Bhardwaj faces. The case stems from an incident involving the alleged assault of a student-activist's father during protests organized by the Cockroach Janta Party (CJP) at Jantar Mantar.

The incident leading to Bhardwaj's arrest occurred in July, when he allegedly assaulted the father of a Dalit student-activist during the CJP protests at Jantar Mantar. Bhardwaj was subsequently arrested from Uttar Pradesh on September 5. Initially, the charges against him were relatively minor, falling under Sections 115(2) for causing simple hurt and 126(2) for wrongful restraint of the newly enacted Bharatiya Nyaya Sanhita (BNS).

However, the situation escalated after Bhardwaj publicly claimed on social media that he had fractured the father's skull and had only been detained by the police for a few hours. Following this, leaders of the Cockroach Janta Party, accompanied by the student-activist and her father, staged a protest at the Parliament Street police station. This demonstration led to the addition of more serious charges against Bhardwaj, culminating in his arrest. He was subsequently booked under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [SC/ST Act], and a separate First Information Report (FIR) was registered against him invoking sections of the Protection of Children from Sexual Offences Act (POCSO Act).

The grant of interim bail to Swatantra Bhardwaj, especially without a specific application for such relief, underscores the discretionary powers vested in the judiciary. The case involves grave allegations, including those under the SC/ST Act and the POCSO Act, which typically entail stringent conditions for bail due to the severe nature of the offenses they address. The Patiala House Court's decision to provide interim relief in these circumstances, while a regular bail plea was pending, highlights a notable procedural flexibility.

The forthcoming detailed order from Additional Sessions Judge Saurabh Pratap Singh Laler will be crucial in understanding the judicial rationale behind this decision. It is expected to shed light on the court's interpretation of bail provisions and its approach to procedural nuances in high-profile cases involving serious charges. This development in the Swatantra Bhardwaj bail matter, particularly concerning the SC/ST Act and POCSO allegations, will be closely monitored for its implications on future legal proceedings.

The grant of interim bail without a specific application, particularly in a case involving serious charges under the SC/ST Act and POCSO, highlights the court's discretionary powers. Lawyers should monitor the detailed order for the court's reasoning, as it could provide insights into judicial interpretation of bail provisions and procedural flexibility in high-profile cases.

Source: Reporting based on initial court and media disclosures.