SC refuses to stay Bombay HC order granting bail to Sudha Bharadwaj; dismisses NIA's plea

In a major reprieve for activist Sudha Bharadwaj, the Supreme Court on Tuesday, dismissed National Investigation Agency (NIA)'s plea challenging the default bail granted to her by the Bombay High Court. The SC bench comprising of Justices UU Lalit, Ravindra Bhat, and Bela Trivedi maintained that there was no reason for it to intervene with the HC's order. The 60-year old lawyer-activist has been in Byculla jail since September 2018 in connection to the Bhima Koregaon-Elgar Parishad case.

SC dismisses NIA's challenge to Bombay HC bail to Sudha Bharadwaj

On December 1, the Bombay High Court granted default bail to Bharadwaj as the Pune Sessions Court who had taken cognisance of the police charge sheet in 2019, was not authorised to do so. Pointing out that only a Special Court has the exclusive jurisdiction to try UAPA offences, Bharadwaj's team argued that additional sessions judge KD Vadane was not a designated special judge. However, the NIA submitted that cases under UAPA would be transferred to a Special Court only after the NIA is entrusted with the investigation. 

However, the HC rejected the bail pleas of 8 other co-accused persons. The Special NIA court will now decide the conditions of Bharadwaj's bail on December 8. Apart from Bharadwaj, 81-year-old Varavara Rao is out on bail while 84-year-old Jesuit priest Fr Stan Swamy died in jail awaiting bail.

What is the Elgar Parishad case?

Pune police booked activists Sudha Bharadwaj, Arun Ferreira, Vernon Gonsalves, Surendra Gadling, Sudhir Dhawale, P Varavara Rao, Gautam Navlakha, Anand Teltumbde, Stan Swamy for allegedly inciting the Bhima Koregaon violence through their speech at the Elgar Parishad meeting on December 31, 2017, under the Unlawful Activities Prevention Act (UAPA). On the following day - January 1, 2018, violence had erupted at Koregaon-Bhima village in Pune district where supporters had gathered in the village to commemorate the 200th anniversary of the Battle of Bhima Koregaon. The ensuing violence had resulted in the death of one person and several others had been injured - 152 have been arrested.

The above-mentioned activists have been charged with  'conspiracy to assassinate PM Narendra Modi', 'overthrow the government', 'waging war against the Government of India'. They are also being probed for links with the banned CPI (Maoists) party.  If convicted under 'waging war against India', all activists face the death sentence or imprisonment for life.