Legal Fight Intensifies as Lawyer Claims Unlawful Detention of Swatantra Bharadwaj

Swatantra Bharadwaj’s legal team has intensified its challenge against the Delhi police, filing a habeas corpus petition that alleges a breach of constitutional safeguards. The petition, presented before Chief Justice D.K. Upadhyay, asserts that Bharadwaj’s arrest on charges of assault at Jantar Mantar was not only politically motivated but also procedurally flawed.

According to the filing, Bharadwaj was initially placed under police custody for a day, then transferred to judicial custody for another day, before being sent back to police lock‑up. The Delhi Police had originally sought a 14‑day judicial custody, but the court limited it to a single day.

Lawyer Umesh Sharma highlighted that the police bypassed the mandatory appearance before the local magistrate, opting instead for a video conference that placed Bharadwaj before a different SC/ST court. He argued that this maneuver violated the right to a fair and timely trial.

The High Court’s acceptance of the petition for an immediate hearing underscores the judiciary’s role in scrutinizing alleged misuse of law enforcement powers.