Delhi High Court to Hear Habeas Corpus Petition Over Assault Arrest

On Monday the Delhi High Court, sitting as a division bench headed by Chief Justice Devendra Kumar Upadhyay, agreed to hear an emergency habeas corpus petition filed on behalf of Swatantra Bhardwaj. The plea seeks his immediate release from custody after he was detained by the Delhi Police Crime Branch for allegedly assaulting Sanjay Azad during a protest at Jantar Mantar.

According to court filings, Bhardwaj has spent three days behind bars. He was first taken into police custody on August 4 in Bulandshahr, then transferred to Delhi where the Crime Branch lodged an FIR linking him to an attempted murder of Azad. The police say the assault involved a metal “kada” (bracelet) that Bhardwaj allegedly swung at Azad’s head.

Legal counsel for the petitioner, Advocate Umesh Chandra Sharma, argued that the detention was unwarranted and that the petitioner should be produced before the court without further delay. The bench promptly listed the matter for an urgent hearing on the same day.

Meanwhile, the procedural journey of the case has been a bit of a maze. After his arrest, Bhardwaj was presented before the duty magistrate, Justice Anjali Singh, via video link. She granted him just one day of judicial custody, rejecting the police’s request for a 14‑day term. The following day the Special Judge at Patiala House, SPS Laler, again limited his custody to a single day, ordering his appearance at the Karkardooma Court complex.

The background to the incident stems from a podcast interview where Bhardwaj reportedly confessed to striking Azad. The clash occurred amid a CJP protest on June 23, a rally that attracted a mix of activists and on‑lookers at Jantar Mantar. The complainant’s lawyer, Advocate Rishav Ranjan, said a senior Delhi Police officer had promised to invoke appropriate provisions of the SC‑ST Act and ensure Bhardwaj’s arrest within 72 hours. Notably, MP Chandrasekhar Azad, Sanjay Azad and several lawyers were present at a follow‑up meeting at Parliament Street Police Station.

Chief Legal Aid Defence Counsel Piyush Sachdeva appeared on Bhardwaj’s behalf via video conference, urging the bench to consider his client’s right to liberty. The court’s decision to hear the petition urgently underscores the delicate balance between law‑enforcement prerogatives and individual constitutional safeguards.

As the hearing unfolds, the courtroom will focus on whether Bhardwaj’s continued detention is justified under the law, or whether it infringes on his fundamental right to personal liberty. The outcome will likely set a precedent for similar protest‑related cases in the capital.