On Thursday, the Supreme Court observed that Bhima Koregaon charged Sudha Bharadwaj, has good reason to request bail on the merits of her case, while declining to consider her bail statement submitted on medical grounds.
A court headed by Judge UU Lalit said the court was unwilling to grant him a bond for medical reasons, but suggested that he file a bond petition on the merits of the case.
“We are not with you for medical reasons. You have a good case on the merits. Why don’t you request the bail on the merits? Asked the court made up of Judges UU Lalit and Ajay Rastogi.
Bharadwaj’s attorney, Vrinda Grover, agreed to withdraw the bail statement on medical grounds, saying that they would attempt to obtain bail based on the merits of the case.
Bharadwaj had requested bail citing vulnerability to Covid -19 due to comorbidities.
The Bombay High Court had rejected his statement on August 28, after which he filed an appeal with the Supreme Court.
Bharadwaj was arrested by Maharashtra police in 2018 for allegedly inciting violence during the celebration of the 200th anniversary of the battle at Bhima Koregaon between the British East India Company and the Peshwas. The company’s army was largely made up of people from the Dalit community and the event is celebrated by them.
Bharadwaj, along with activists Varavara Rao, Arun Ferreira, Vernon Gonsalves, Anand Teltumbde and Gautam Navlakha have been charged with crimes under the Unlawful Activities (Prevention) Act for their alleged role in inciting violence.
Bharadwaj was initially housed in Yerawada Prison in Pune before being transferred to Byculla Prison.
After the change of government in Maharashtra in 2019, the central government intervened and transferred the investigation to the National Investigation Agency (NIA) of the Maharashtra police.
Grover, on Thursday, argued that Bharadwaj had developed two new illnesses while in custody: ischemic heart disease and arthritis.
“Ischemic heart disease is a time bomb. At any moment, his condition could deteriorate, ”Grover said, seeking bail so that Bharadwaj could undergo a detailed medical examination.
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Grover also claimed that Bharadwaj was a lawyer in Chhattisgarh who used to fight cases on behalf of marginalized sections of society.
“No incriminating material was recovered from me or my electronic devices. I was teaching at the National University of Law in Delhi when I was arrested, ”Grover argued.
“Why don’t you ask for the bail on merits?” Judge Lalit asked.
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“He has a good case on the merits,” Judge Rastogi said while making an exception to certain submissions made by Bharadwaj to the Bombay High Court regarding the medical report presented by jail authorities on August 21 that it did not mention Bharadwaj’s condition of ischemic heart disease.
The court made it clear that it will not post bail for medical reasons.
Bharadwaj’s release on bail on medical grounds was previously rejected by a special NIA court on May 29.
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