Supreme Court dismisses NIA appeal against Sudha Bharadwaj’s bail in Elgar Parishad case

A bench of Justices U U Lalit, Ravindra Bhat and Bela Trivedi turned down the agency’s plea saying it found no reason to interfere with the Bombay High Court order granting her bail.

The High Court had granted Bharadwaj default bail on December 1 on the ground that her detention under the Unlawful Activities (Prevention) Act (UAPA) was extended by a sessions court that had no power to do so.

The HC had said that when a special court designated under the NIA Act, 2008, existed in Pune, the sessions judge had no jurisdiction to extend the detention beyond the stipulated 90 days. It directed that she be produced before the Special NIA Court on December 8 for the conditions of her bail and date of her release to be decided.

It, however, rejected the default bail pleas filed by Varavara Rao, Sudhir Dhawale, Vernon Gonsalves, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut and Arun Ferreira.

Bharadwaj is the first among 16 activists arrested in the case to have been granted default bail. Poet-activist Varavara Rao is currently out on medical bail. Jesuit priest Stan Swamy died in a private hospital on July 5 this year, while waiting for medical bail.

Appearing for the NIA in the Supreme Court on Tuesday, Additional Solicitor General Aman Lekhi tried to make a distinction between the court trying the case and the court allowing extension of remand etc, but the bench did not agree.