Azad says the MLC report showed two 2.5-inch injuries and a skull injury, contradicting police claims of a "minor injury."
He alleges SC/ST Act provisions and IPC Section 307 were added to the FIR only after public pressure, not initially.
Azad calls Bhardwaj a "habitual criminal" and questions his access to top political figures without political backing.
In the wake of allegations surrounding Swatantra Bhardwaj and the handling of a case involving a minor and her family, Bhim Army chief and Nagina MP Chandra Sekhar Azad has said that Bhardwaj’s public claims about political connections and his alleged threats cannot be dismissed as mere bravado.
In an interview with Outlook, Azad questioned the Delhi Police’s handling of the case and the delay in invoking provisions of the SC/ST Act. He alleged that political patronage has allowed individuals who make inflammatory statements to operate with impunity.
Edited excerpts from the interview:
Bhardwaj has claimed publicly that despite allegedly attacking Nishu Azad’s father, he did not go to jail because of his political connections.
It is worrisome and alarming because this was an official statement, made without any concern about the consequences. In any country that runs on a Constitution and has laws, law enforcement and a police force, what does this mean? This has happened in the national capital, where embassies from around the world are located, not in some faraway village in Uttar Pradesh or Kerala. In the middle of all this, a person has claimed that he attempted to murder someone, while rape and murder threats have been issued to a minor. This is not all he has said; he has said worse and abused a child. This cannot happen without some form of protection from the government and those in power. He has taken names and made these statements on camera.
I had even suggested that Swatantra Bhardwaj’s phone should be scrutinised to establish who had been calling him. The important question is whether the police action was fair and in accordance with the law. Can we accept this? Even two days ago, the police had fact-checked the claim, saying it was a scuffle. When I spoke to the DCP, he said it was a minor injury. But when I read the Medico-Legal Case (MLC) report, it showed two injuries, each 2.5 inches long and half an inch deep. The police repeatedly tried to downplay the injuries, despite Nishu's father, Sanjay, having suffered a skull injury.
The law states that if a person has been attacked with the intent to cause injury, the relevant offence must be registered and the appropriate sections included. The police did not do so. Moreover, this is a child from the Scheduled Caste community, and under the law, the police have a duty to protect her. If there has been negligence, the higher authorities should take action.
After seeing all this, I realised that without political pressure, the family would not get justice. Nishu was at our office, and we went to the police station to ensure that she received justice. People from other parties were also there, although I do not know all of them. I am thankful to everyone who came and stood together in support. We had also demanded that another FIR be registered under POCSO and in connection with the rape threats issued to her.
Bhardwaj has publicly projected his proximity to BJP leaders and, according to reports, claimed that political connections helped him escape arrest. Does that not fundamentally undermine public confidence in the police and the rule of law?
I have two views on this. A politician cannot refuse anyone who wants to take a picture with them. I am also in politics, so I know how this works. When you step out, attend functions or go to weddings, people always want to take pictures with you. They can belong to any ideology.
However, if you accept that there is a relationship with a leader and that there is political backing, that is dangerous. In this case, a couple of leaders have denied and rejected his claims. Initially, I thought these were instances of bragging, but when I checked his social media posts, I realised he is a habitual criminal. He has issued threats to Muslims and young Muslim girls, and has been harassing and targeting them.
For a long time, the BJP has given such people protection. They often appear to be above the law and come in various forms. Sometimes, they create a menace in the name of cows, while the police do nothing. At times, they even act covertly on behalf of the police. It also came out during the July 20 protest that several people in civilian clothes were using police equipment, such as lathis and sticks. This is unlawful. They had even hit young children. How is that acceptable?
In Parliament, we raised all these questions in the committee. He cannot be roaming around freely without some kind of backing. He has pictures with policemen too. He is not part of any government service, so how does he have such access? These are questions that need to be answered. He has also posted pictures of an invitation to the Prime Minister’s swearing-in ceremony. All of this is worrisome and a cause for concern. It is unacceptable. Leaders should also answer whether they are associating with people who hold this kind of ideology and views. Tomorrow, if I am seen with a problematic person, questions will be asked of me too. People have a right to know.
Delhi Police has denied that political influence affected the case and has disputed the severity of Sanjay Kumar’s injuries. Do you accept the police's explanation? Or does the delay in invoking the SC/ST Act raise questions about how the case was initially handled?
It reached a head-on yesterday. The police, instead of supporting Nishu, were blaming her, while Nishu complained that whenever they called the police, they would not answer. The Additional DCP was also not responsive. I asked the police how they could behave so curtly with a minor, instead of speaking to her kindly and being supportive. How can the police, which behave like this, deliver justice?
The police may have said there was no political pressure, but there should not be any unlawful acts either. Nothing should happen because of political pressure. If the police had included the provisions of the SC/ST Act in the first FIR before we demanded it, what does that mean? Why was the old Section 307 of the IPC not included? This itself is unfair. Justice delayed is justice denied. The police itself is then committing a crime. Why should there be no FIR against the police under Section 4 of the SC/ST (Prevention of Atrocities) Act? The police is not delivering justice; instead, they are protecting the accused.
If the law and law enforcers did their job honestly, there would not be such issues in society. Now, he is saying he did it in self-defence. Why? The truth is that he had a lot of support, but when the victim also got support from society and politicians, and we all reached the police station, they felt they had no way out and had to change their statements. The police finally did their job.
I would request the Delhi Police Commissioner to do their job. I would also request the Home Minister that if your government believes in the slogan ‘Sabka Saath, Sabka Vikas’, questions will also be raised against you if the Delhi Police, which is under you, does not discharge its duties according to the law.
How do you see the delay in adding the required sections to the FIR?
The FIR was registered earlier, but the required sections were not added. Earlier, they felt they wouldn't get justice, but as soon as the video came out, they felt that at least the required sections would be added to it. Swatantra was so sure of himself and confident. He was giving statement after statement. So it was necessary that the case be given the importance it requires. I'm not being critical of the police, but the police should not forget that they are supposed to maintain law and order, and not side with the culprit. How many such cases are likely in Delhi and all over the country? We — or I — can't go everywhere. Whose responsibility is this? The police.
Swatantra Bhardwaj may have been caught this time, but he is not an isolated case. The ecosystem includes many others who repeatedly post anti-Muslim and inflammatory Hindutva rhetoric. Does this point to a larger constituency that enjoys political patronage?
These are all tools of the current government that work according to the system's agenda. There are many people like this, and they will all be caught. They won't escape. They may escape today, but tomorrow they won't. If they attempt another such crime, let's see if they can escape being caught. There are people in this country, there is the police, there are paramilitary forces and there is the judiciary. An accused cannot escape forever. As long as we all stand together, as long as all Ambedkarite people stand together and as long as the Bhim Army is there, they will not be able to escape.
