Elgar case: Supreme Court rejects NIA's plea against default bail to Sudha Bharadwaj

New Delhi, December 7

The Supreme Court on Tuesday dismissed the National Investigation Agency’s petition challenging a Bombay High Court order granting default bail to activist-lawyer Sudha Bharadwaj in the 2018 Bhima Koregaon case.

“We see no reason to interfere with the high court’s order,” a Bench led by Justice UU Lalit said.

Arrested in the case on August 28, 2018, Bharadwaj was granted statutory (default) bail under Section 167(2) of the Criminal Procedure Code on December 1.

The Additional Sessions Court, Pune, which extended the time for investigation in the case beyond 90 days, was not competent to do so as his court was not a special court under Section 22 of the NIA Act, the High Court had said.

“The moot question is whether the court was competent. If the competence was lacking there was no valid extension of period and the woman was entitled to statutory bail,” the Bench told Additional Solicitor General Aman Lekhi, while dismissing the NIA’s petition against the High Court order. — TNS