The National Investigation Agency (NIA) has approached the Supreme Court challenging the Bombay High Court's granting default bail to advocate activist Sudha Bharadwaj, who was arrested and has been in jail for over two years in the Bhima Koregaon case.
On December 1 the High Court had granted Bharadwaj default bail saying 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, however, directed a Mumbai special NIA court to take up the case on December 8 and decide on the conditions of her bail and date of release.
Bharadwaj was arrested on August 28, 2018. Bhardwaj, one of the several civil liberties activists in the Bhima Koregaon case, has been booked under stringent provisions of the UAPA for an alleged conspiracy to topple the government.
The High Court said the guarantee of personal liberty under Article 21 (right to life) of the Constitution cannot be thwarted on technical grounds that her plea for default bail was premature.
The High Court had, however, denied bail to eight rights activists -- Varavara Rao, Rona Wilson, Sudhir Dhawale, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira in the case. They are lodged at Taloja Central Jail.
( With inputs from ANI )
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