Days of Demands, Hours of Protest: Swatantra Bhardwaj finally detained in assault case

Delhi Police detain the influencer hours after CJP, Nishu Azad, Congress representatives and opposition MPs press for his arrest at Parliament Street; the case began at a CJP and wider student protest at Jantar Mantar
Image: India Today

Delhi Police on Friday detained Swatantra Bhardwaj, the self-described Hindutva influencer accused of assaulting the father of student protester Nishu Azad during a Cockroach Janta Party led- protest at Jantar Mantar, after a renewed mobilisation outside the Parliament Street police station brought the case back into public and political focus.

Bhardwaj was traced to Bulandshahr in Uttar Pradesh and detained by a Delhi Police Crime Branch team on September 4 afternoon, hours after representatives of the CJP, Nishu Azad, Congress workers and MPs Chandrashekhar Azad and Pappu Yadav gathered at the police station demanding action. The detention followed a FIR and police assurance to the protesting delegation that Bhardwaj would be arrested within 72 hours. He was detained by UP police.

 

 

According to The Indian Express, the police team traced Bhardwaj to Bulandshahr after he travelled there earlier in the day. The Times of India reported that he had stayed at a local resident’s house in Naithla village and left on a motorcycle after his presence became known. Police subsequently tracked him down and took him into custody. The detention came after Bhardwaj himself appeared in a widely circulated podcast discussing the alleged assault and claiming that political connections had helped him avoid jail.

The case began at a CJP protest at Jantar Mantar

The controversy began during a CJP protest at Jantar Mantar, where Nishu Azad, then a 14-year-old student protester, was participating. Her father, Sanjay Kumar, was at the protest site when a confrontation allegedly broke out. According to the FIR-based account reported in the material provided, Kumar was recording the proceedings on his phone when he was questioned by a young man about making a video. An argument followed, after which two or three people allegedly joined in and assaulted him. Kumar alleged that he was punched on the head and struck with a kada or bracelet-like object.

He was taken to RML Hospital for treatment. The medical record referred to two deep wounds on his head. Lawyer Feroz Gama, who said he witnessed the incident, told The Indian Express that he took Kumar to hospital and that Kumar received stitches for his injuries. The precise nature of the injuries subsequently became one of the central points of dispute in the case.

While Kumar’s supporters and CJP described the assault as serious, Delhi Police said the injuries were simple in nature. Police rejected claims that Kumar had suffered a skull fracture and said that the injury was caused during a scuffle involving the kada worn by one of the accused, as reported by The Indian Express.

Detailed reports on brute force used by police on the protestors may be read hereherehere and here.

Bhardwaj was initially detained—but not arrested

The first police response to the alleged assault became one of the most troubling aspects of the case. Delhi Police said Swatantra Bhardwaj and another accused, Suraj Kumar, were detained at the protest site, questioned and served notices. But after that, they were not arrested and were allowed to remain out of custody while the case proceeded.

For Nishu Azad’s family and CJP, that was not an adequate response to an alleged assault that had left her father with serious head injuries. The question they raised was straightforward: if the accused had been identified and detained at the scene, why was there no immediate custodial action? And why did the initial FIR omit the SC/ST (Prevention of Atrocities) Act despite the family’s demand that the caste dimension of the alleged attack be formally recognised?

 

A podcast puts the case back in the spotlight

The case returned to the headlines after excerpts from a lengthy podcast featuring Bhardwaj began circulating widely. In the interview, Bhardwaj appeared to speak about the confrontation with Sanjay Kumar and claimed that he had “cracked” his skull. He also spoke about how he had not been jailed after the incident. Notably, he invoked the names of political figures while describing his connections. Bhardwaj referred to Delhi minister Kapil Mishra and Union minister Chirag Paswan as “elder brothers” and also invoked Prime Minister Narendra Modi while speaking about his political support.

 

When demands for his arrest started being made, Bhardwaj later disputed his own words. He claimed that he had acted in self-defence after being surrounded by a group of people and said his references to political leaders were sarcastic. Delhi Police, too, rejected allegations that political pressure had prevented his arrest. But the video fundamentally changed the public conversation around the case.

The allegations were no longer based only on what the victim, witnesses or protesters said had happened. The accused himself had publicly discussed the confrontation and his alleged political connections, creating a fresh basis for demands that the police revisit the matter.

CJP takes the issue back to the police station

CJP responded by organising a fresh protest outside the Parliament Street police station. The organisation’s representatives Saurav Das and Ashutosh Ranka, along with supporters, went to the police station demanding Bhardwaj’s arrest and stronger charges. CJP had been involved from the beginning because the alleged assault took place during its protest. The organisation’s campaign subsequently became the mechanism through which the demand for police action was kept alive after the initial detention and release of the accused.

CJP demanded the addition of provisions relating to attempt to murder, criminal intimidation and the SC/ST Act. It also raised the issue of threats and online abuse directed at Nishu following the controversy. The protest brought Nishu and her father back to the police station as well.

 

Congress joins Nishu and CJP

The mobilisation soon widened beyond CJP. Indian Youth Congress Delhi president Akshay Lakra joined Nishu at the police station and demanded action against Bhardwaj. Congress also provided legal assistance. According to the reports, the AICC legal department deputed a team of lawyers led by Rishabh Ranjan to assist Nishu and her family with the matter. The legal intervention focused not only on the assault case but also on the threats allegedly directed at Nishu after the incident.

 

 

This became an increasingly important part of the case because Nishu said she had faced rape threats, abuse and online harassment, including the circulation of objectionable or morphed images. She said the harassment had affected her education and that she had stopped attending school for several weeks.

Chandrashekhar Azad and Pappu Yadav join the protest

The protest then drew two opposition MPs. Chandrashekhar Azad, Nagina MP and president of the Azad Samaj Party, reached Parliament Street police station and joined the delegation. He questioned why Bhardwaj had not been arrested despite the video in which he appeared to discuss the alleged assault. Azad also raised the threats allegedly directed at Nishu, including threats of rape, acid attack and death.

 

Pappu Yadav, the Independent MP from Purnia, subsequently joined the protesters and sat with them outside the police station. He spoke about violence against women and Dalits and held up the Constitution while demanding action. Their involvement marked a significant expansion of the mobilisation: what had begun as CJP’s campaign over an alleged assault during its protest was now being taken up directly by elected representatives.

 

The New Indian Express reported that the CJP delegation, joined by Chandrashekhar Azad and Pappu Yadav, demanded both the attempt-to-murder and SC/ST Act provisions and an FIR over the threats allegedly made against Nishu.

Police add the SC/ST Act and other provisions

After negotiations at the police station, Delhi Police agreed to add provisions under the SC/ST Act to the case. The police also added provisions relating to criminal intimidation and other offences under the BNS. The question of attempt to murder was more complicated. Police indicated that the applicability of the provision would have to be assessed in light of the medical evidence and investigation into the nature of Kumar’s injuries. This was an important shift from the police’s initial position.

The police had earlier described Kumar’s injury as simple and rejected claims of a skull fracture. After the renewed protest, however, the FIR was expanded to include the SC/ST Act and additional criminal provisions.

A separate FIR was also registered after Nishu complained about the threats and online harassment she had allegedly received. The new case invoked provisions of the POCSO Act, along with BNS provisions and Section 67 of the Information Technology Act.

Nishu asks for protection

As the protest continued, Nishu also raised concerns about her own safety. She said she did not know when or where she could be attacked and asked for protection for herself and her family. Hindustan Times reported her concern that she was living under a continuing threat after the controversy surrounding the assault and the subsequent online abuse.

Her position became an important part of the renewed campaign because the case had by then moved beyond the alleged assault on her father. It had expanded into allegations of intimidation and sexual threats against a teenage protester herself.

It was at this stage that Rahul Gandhi, Leader of the Opposition in the Lok Sabha, publicly intervened. Nishu had appealed to Gandhi for support, saying that she had lost faith in the police response. Gandhi responded publicly, assuring her that she should not panic and that he stood with her. He questioned why Bhardwaj remained free despite the statements attributed to him in the viral video.

 

Gandhi also directly questioned Prime Minister Narendra Modi and Home Minister Amit Shah about the alleged political protection claimed by Bhardwaj. His intervention brought the case substantially greater national political attention.

Support also came from across political parties, with the Aam Aadmi Party, Samajwadi Party and Trinamool Congress questioning the alleged political protection being claimed by Bhardwaj.

 

 

Chirag Paswan files his own complaint

The political claims made by Bhardwaj also prompted a response from one of the people he had named. Union Minister and Lok Janshakti Party (Ram Vilas) chief Chirag Paswan filed a complaint with the Parliament Street police against Bhardwaj, objecting to the alleged misuse of his name.

As reported by The Hindu, Paswan’s complaint sought an FIR and strict action against Bhardwaj and asked that it be formally recorded that neither Paswan nor the LJP (Ram Vilas) had any connection with him or with the incident. Paswan said that Bhardwaj had falsely invoked his name to create an impression of political protection and called for an impartial investigation.

 

Police trace him to Bulandshahr

While the political and public pressure was mounting in Delhi, police began looking for Bhardwaj. He had travelled to Bulandshahr, where reports said he stayed with a local resident in Naithla village.

According to India Today, Bhardwaj fled the village after police began looking for him. The Times of India reported that he left on a motorcycle after media attention around his presence increased. Police teams eventually traced him and detained him.

The Indian Express reported that Crime Branch officers took him into custody at around 2 pm on Friday. The arrest/detention therefore came on the same day as the CJP-led mobilisation at Parliament Street.

 

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