Sudha Bharadwaj had last month moved the High Court against an order of the Special NIA Court in Mumbai, which, on May 29, had rejected her plea for interim bail.

The Bombay High Court Friday directed the state prison authorities and National Investigation Agency (NIA) to inform it about the condition of inmates and the social distancing measures at Mumbai’s Byculla women’s jail, where activist and lawyer Sudha Bharadwaj is lodged in connection with the Elgar Parishad case.

A Division Bench of Justices S S Shinde and Madhav Jamdar Friday heard the interim bail plea filed by 58-year-old Bharadwaj on medical grounds that states she suffers from two severe comorbidities, diabetes and high-blood pressure, and also has a history of pulmonary tuberculosis. She further submitted that owing to her pre-existing medical conditions, she is at a high risk of contracting coronavirus in prison, which could be life-threatening.

Bharadwaj had last month moved the High Court against an order of the Special NIA Court in Mumbai, which, on May 29, had rejected her plea for interim bail.

NIA had opposed Bhardwaj’s bail application stating that she is “taking undue benefit” of the Covid-19 pandemic in seeking interim bail on medical grounds. The NIA and the state submitted that the lawyer was given medical facilities and the authorities were maintaining jails in accordance with Covid-19 protocols.

On June 30, the NIA had argued before the High Court that her medical conditions had no merit as she was suffering from “some chronic illness” for the past 20 years and taking prescribed medication for the same. It also added that she was being provided with necessary medical assistance in the jail.

NIA further said that two other accused in the case – academic Anand Teltumbde and activist Gautam Navlakha – have been arrested on April 14 and further investigation is in progress, which could face “serious damage” if Bharadwaj is released.

On Friday, Additional Solicitor General Anil Singh and advocate Sandesh Patil for NIA said the agency had submitted the doctor’s report on Bharadwaj’s medical condition and also a report on medical facilities available for inmates at Byculla jail before the special court, following which the court had rejected the bail plea.

However, the High Court on Friday sought a fresh report on the condition of the jail and precautions being taken in view of Covid-19 situation, after which the state and NIA sought time to take instructions on the same. Directing authorities to produce details pertaining to jail conditions, the bench posted the matter for further hearing on July 17.

Bharadwaj has been behind bars since 2018 along with others booked in the case. The case was transferred to NIA this year, and Bharadwaj, along with the other co-accused in the case, was shifted to jails in Mumbai.