Elgar Parishad case: NIA opposes Sudha Bharadwaj’s bail plea

Mumbai, July 28

The National Investigation Agency (NIA) instructed Bombay High Court on Tuesday it “strongly opposed” the plea filed by activist and lawyer Sudha Bharadwaj looking for interim bail on well being grounds.

Bharadwaj is an accused within the Elgar Parishad-Koregaon Bhima case and has been lodged in Byculla girls’s jail since September 2018.

Additional Solicitor General Anil Singh, who appeared for NIA, instructed a Bench led by Justice RD Dhanuka that the company had ample proof Bharadwaj had “participated in anti-national activities”, and, thus, didn’t should be let loose on bail.

Bharadwaj approached HC looking for bail on well being grounds after a particular court docket within the metropolis rejected the identical on May 29.

She had utilized for bail after a Byculla girls’s jail inmate examined optimistic for coronavirus earlier this yr.

Last month, the NIA filed an affidavit in HC opposing her bail plea saying Bharadwaj (58) was taking “undue advantage” of the pandemic and her pleadings on her having comorbidities and, due to this fact, being a excessive threat candidate for COVID-19 had been a mere “ruse” to hunt bail.

On Tuesday, Bharadwaj’s counsel Ragini Ahuja instructed the court docket Bharadwaj, a former professor of legislation, had been in jail for nearly two years and he or she suffered from diabetes that put her at a better threat for contracting COVID-19.

ASG Singh, nonetheless, stated, “As far as her apprehensions on getting COVID-19 in jail are concerned, today any person can get infected with COVID-19 anywhere. One can get infected with COVID even without going out, or while in office, at home, or going anywhere else.”

In reality in jail, the authorities are taking all security precautions and implementing ICMR tips on COVID-19 prevention and remedy, he stated.

Singh stated the state authorities had, earlier this month, submitted particulars of precautions and ICMR tips being carried out in prisons earlier than a bench led by Chief Justice Dipankar Datta.

Besides, Bharadwaj could be offered sufficient medical remedy in jail as and when required, Singh instructed HC.

Last week, in compliance with a earlier order of the court docket, Byculla jail authorities had submitted a report in HC saying that whereas Bharadwaj was diabetic and suffers from ischemic illness, a coronary heart situation, her “vital parameters” had been “normal”.

The HC has now directed NIA to submit a further affidavit detailing its contentions opposing Bharadwaj’s bail plea.

The identical bench additionally heard a plea filed by activists Vernon Gonsalves and Anand Teltumbde, Bharadwaj’s co-accused within the case, looking for coronavirus checks as the 2 had been in shut contact with one other co-accused, poet-activist Varavara Rao, in Taloja jail.

Rao examined optimistic for coronavirus on July 16 and is admitted in Nanavati Hospital within the metropolis.

The petitioner’s counsel, Mihir Desai, instructed the bench whereas some information stories stated Gonsalves had examined unfavourable for coronavirus, he had been unable to verify the identical.

Desai stated Gonsalves’ spouse had been attempting to contact him since July 13 however jail authorities weren’t allowing any phone calls between her and her husband.

The state’s counsel, Deepak Thakare, nonetheless, instructed the court docket Gonsalves had undergone a swab check in jail and had examined unfavourable for coronavirus.

Thakare additionally stated he’ll ask Taloja jail authorities to allow Gonsalves to contact his spouse by way of video- conferencing.

He stated he’ll inform the court docket of Teltumbde’s well being by July 31, the following date of listening to.

Bharadwaj’s bail plea might be heard on August 4. PTI


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