Mumbai:The Bombay High Court on Wednesday granted default bail to Sudha Bharadwaj - one of the main accused in the Bhima Koregaon - Elgar Parishad violence case. The HC, while allowing her default bail plea, directed the probe agency to produce her before the NIA court on December 8 for framing bail conditions.
However, the bench comprising of Justices S S Shinde and N J Jamadar, did not allow the bail applications from the 8 others including Varavara Rao and Rona Wilson who are co-accused in the case.
Bharadwaj's counsel submitted that the cognizance of the initial charge-sheet filed against her in 2018-19 under the Unlawful Activities (Prevention) Act (UAPA) is not fit to be heard by the Pune Sessions Court and therefore stands null. The counsel argued that only a special court under the NIA Act was allowed to hear cases of those charged with offences under the UAPA, quoting a Supreme Court verdict.
Bharadwaj had submitted RTI (Right to Information) replies from the HC to demonstrate that judge KD Vadane was not a designated special judge, as was necessary to adjudicate offences under the UAPA. Senior counsel Yug Chaudhry, representing Bharadwaj, had earlier told the HC that Vadane pretended to be a special judge and had signed orders as the special judge.