[Sudha Bharadwaj bail] NIA mentions appeal before Supreme Court, seeks urgent listing

The National Investigation Agency (NIA) on Monday sought urgent listing of its appeal before the Supreme Court sought against the Bombay High Court order granting default bail to lawyer activist Sudha Bharadwaj in the 2018 Bhima Koregaon case [National Investigation Agency v.Sudha Bharadwaj]..Solicitor General Tushar Mehta, representing the NIA, mentioned the matter before a Bench led by the Chief Justice of India, NV Ramana saying that the bail order would come into effect on December 8 and the appeal should, therefore, be heard before that.The CJI said that it will look into the SG's request."We will see," the CJI said.The Bombay High Court had on December 1 allowed default bail to Bharadwaj in the Bhima Koregaon case.The High Court had granted 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.It had relied on several decisions to hold that the right of an accused to be released on default bail is indefeasible, and 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.