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.
The Bombay High Court, which had reserved its verdict on the bail plea on August 4, admitted the arguments advanced on technical grounds and granted default bail.
Sudha Bharadwaj was arrested following the violence that broke out at Bhima Koregaon in Pune on January 1, 2018 during the Elgar Parishad. She has been in jail since then under the UAPA, along with the others 8 others including Sudhir Dawale, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira.
The Elgar Parishad case is related to inflammatory speeches made at a conclave held in Pune on December 31, 2017, which, the police claimed, triggered violence the next day near the Koregaon-Bhima war memorial located on the outskirts of the western Maharashtra city. The police had claimed the conclave was organised by people with alleged Maoist links.
Also read: Bhima-Koregaon violence: Probe panel to record Sharad Pawar's statement
