Swatantra Bhardwaj granted regular bail in SC-ST case
Patiala House Court grants regular bail to Swatantra Bhardwaj following his interim bail period in the Jantar Mantar protest assault case.
In a significant legal development, the Patiala House Court on Tuesday granted regular bail to Swatantra Bhardwaj, an accused involved in an alleged assault case against a member of the Scheduled Caste (SC) community. The incident occurred during a CJP protest at Jantar Mantar on June 23.
Special Judge (SC/ST Act) SPS Laler issued the order after observing that Bhardwaj had adhered to all the strict conditions imposed during his previous interim bail period.
Transition from Interim to Regular Bail
Bhardwaj had been granted a three-week interim bail by the court on September 15. This interim period was specifically designed as a trial period to monitor his conduct before the court would decide on a permanent bail application. During that time, he was under strict restrictions regarding his public behavior and communication.
The Delhi Police submitted a status report to the court, which included CCTV footage to assist in the evaluation of the case and the accused's conduct. Following the review, the court noted that the applicant had been in custody for just over ten days, a period intended to allow for reflection.
Strict Conditions Previously Imposed
When the interim bail was first granted, the court had imposed rigorous limitations to ensure the integrity of the legal process and the safety of the complainant. These included:
- Media Silence: A total ban on making, publishing, or sharing any statements, videos, podcasts, or social media posts concerning the case, the defense, or the complainant and their family.
- Non-Interference: A strict prohibition against contacting the complainant, their minor daughter, or any prosecution witnesses, whether directly or indirectly.
- No Influence: A directive not to threaten, induce, or influence any party involved in the legal proceedings.
Court’s Stance on Public Displays of Bail
In earlier proceedings, Special Judge SPS Laler had issued a stern warning regarding how bail is perceived by the public. Referencing a previous case where a murder accused held a victory march after being granted bail, the judge emphasized that such actions damage the credibility of the justice system.
<blockquote="Bail is an expression of the Court’s trust, and it is not a trophy to be displayed. Public displays of that kind, whether on the street or on social media, do not augur well for society or for law and order, and they erode the public's confidence in the administration of justice."]
"Public displays of that kind, whether on the street or on social media, do not augur well for society or for law and order, and they erode the public's confidence in the administration of justice. Bail is an expression of the Court’s trust, and it is not a trophy to be displayed," the court had previously observed.
Investigation and Safety Concerns
The court had previously balanced the duty to protect the victim under the SC/ST Act with the constitutional right to personal liberty under Article 21. While the court expressed concerns that certain areas of the investigation remained to be examined—noting that a podcast had been a central point of opposition from the State—the primary focus remained the safety of the complainant and their minor daughter.
The court is expected to release a detailed order later today, which will outline the specific conditions that will govern Bhardwaj's regular bail.