Elgar Parishad Case: SC Dismisses NIA's Plea Against Bombay HC's Order Granting Bail To Sudha Bharadwaj
The Supreme Court has dismissed the appeal of the National Investigation Agency (NIA) challenging the Bombay High Court's order granting default bail to lawyer-activist Sudha Bharadwaj in the Elgar Parishad-Maoist links case.
A Bench of Justice U U Lalit, Justice S Ravindra Bhat and Justice Bela M Trivedi refused to consider the submissions raised by the NIA, saying, we see no reason to interfere with the High Court's order.
Additional Solicitor General Aman Lekhi appeared for the NIA.
Bharadwaj was arrested in the Elgar Parishad-Maoist links case in August 2018 under the provisions of the Unlawful Activities (Prevention) Act.
The Bombay High Court had granted bail to Bharadwaj on the ground that the Pune Court was not competent to extend the time of detention under UAPA as it was not notified as a Special NIA Court and on the ground that Bharadwaj alone had applied for default bail on the expiry of 90 days.
The Division Bench of the High Court had refused bail to 8 others since they had not applied for default bail when that right had accrued to them. The 8 accused whose bail applications were rejected are Sudhir Dhawale, Varavara Rao, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira. Varavara Rao is currently on medical bail
The High Court had directed that Bharadwaj be produced before the Trial Court on 8th December for completing bail formalities.
On Monday, the NIA had sought urgent listing of its appeal against the order of Bombay High Court. Solicitor General Tushar Mehta had mentioned the matter before the Bench of the Chief Justice, which had directed the matter to be listed today.
With PTI inputs