[Bhima Koregaon] Sudha Bharadwaj bail challenged by NIA before Supreme Court

The National Investigation Agency (NIA) has moved the Supreme Court challenging the default bail granted to Bhima Koregaon accused Sudha Bharadwaj by the Bombay High Court [National Investigation Agency v. Sudha Bharadwaj]..The Bombay High Court had on December 1 granted default bail to Bharadwaj on the ground that the extension of time for investigation and detention under provisions of Section 43D(2) of the Unlawful Activities Prevention Act (UAPA) and Section 167(2) of the Code of Criminal Procedure had not been done by a court of competent jurisdiction.The High Court had held that given the existence of a Special Court at Pune, the chargesheet should have been lodged at Pune..In light of Supreme Court orders in the case of M Ravindran and Bikramjit Singh, the High Court had observed that once the twin conditions of default in fling the chargesheet within the prescribed period, and the action on the part of the accused to avail the right are satisfied, the statutory right under Section 167(2) of the Code becomes a fundamental right as further detention would fall foul of the personal liberty guaranteed under Article 21 of the Constitution.The Bench relied on a catena of decisions which held that right of the accused to be released on default bail is indefeasible and is also associated with the fundamental right flowing from ‘the procedure established by law’ under Article 21 of the Constitution of India..The Bhima Koregaon case stems from an event known as Elgar Parishad event organised on December 31, 2017, by a group of persons including activists and retired Supreme Court judge Justice PB Sawant and retired Bombay High Court judge Justice BG Kolse-Patil.The event marked the 200th anniversary of the victory of Dalit soldiers in a battle against a local Brahmin Peshwa ruler.The 2017 event was marred by violent clashes between Dalit and Maratha groups which led to at least one death and injuries to several others. Consequently, three First Information Reports (FIRs) were filed in the case.The FIR of January 8, 2018 registered against Leftist groups with Maoist links was the one vigorously pursued by the authorities. It forms the basis of the entire Bhima Koregaon case which led to arrest of 16 accused and 3 chargesheets.The trial in the case is yet to begin.Eight other accused had also applied for bail along with Bharadwaj but their pleas were rejected..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.