Delhi HC Dismisses Habeas Corpus Plea by Swatantra Bhardwaj Over Arrest in Jantar Mantar Assault Case

The Delhi High Court on September 7, 2026 rejected a habeas corpus petition filed by Swatantra Bhardwaj challenging his custody in a case arising from an alleged assault on the father of a teenage Cockroach Janta Party (CJP) activist during a Jantar Mantar protest.

A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja passed the order in Swatantra Bhardwaj Through His Father Randhir Kumar Jha v. State Govt Of Nct Of Delhi And Ors

Background of the Case

Bhardwaj approached the High Court through his father, Randhir Kumar Jha, arguing that his continued custody was illegal. His lawyer maintained that even a single day of unlawful custody could not be permitted.

The Delhi Police opposed the plea, pointing out that Bhardwaj had first been placed in police custody and was subsequently produced before the appropriate court, which passed judicial custody orders. He was later remanded to 14 days of judicial custody.

The case concerns allegations arising from the July protest at Jantar Mantar. Additional provisions, including those under the SC/ST (Prevention of Atrocities) Act, were subsequently added to the FIR. A POCSO case was also registered.

Court's Observation

During the hearing, Bhardwaj's counsel argued that the FIR had been quashed by the Supreme Court. The High Court questioned the basis of that submission, noting that the plea had not raised the issue.

The Court observed:

"On a perusal, the petitioner raises ground that FIR is quashed and thus custody of petitioner is illegal. This ground has not been raised in petition.… Mr. Lao states this FIR has not been quashed by Supreme Court. We may note that copy of FIR 91 of 2026 has not been supplied to petitioner. We fail to understand how this prayer is sought in habeas corpus writ."

Decision

Finding that the principal ground relied upon during the hearing was not raised in the petition and noting the police's submission that the FIR had not been quashed by the Supreme Court, the Delhi High Court rejected Bhardwaj's habeas corpus petition.