Elgaar Parishad case: Bombay HC rejects Sudha Bharadwaj’s interim bail plea

Sudha Bharadwaj had filed an appeal before the Bombay HC against special NIA court’s rejection of her interim bail plea on medical grounds.

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NIA court too had denied the relief to her.

The Bombay High Court on Friday dismissed the interim bail plea filed by Sudha Bharadwaj on medical grounds in view of the Covid-19 outbreak in prisons. The court said the state will continue providing medical aid in prison for her ailments.

Bhardwaj, an activist arrested in the Elgaar Parishad case, is lodged in Mumbai’s Byculla Women’s Jail. She had filed an appeal before the HC against special NIA court’s rejection of her interim bail plea on medical grounds.

A division bench of Justice R D Dhanuka and Justice V G Bisht on Friday perused a prison department report, which stated Bharadwaj had been examined in jail by a medical officer and her condition was found to be “stable and satisfactory”.

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Advocate Ragini Ahuja, appearing for Bharadwaj, said that she suffered from chronic ailments such as diabetes and hypertension and these co-morbidities put her at a high risk of contracting Covid-19 in prison.

However, Additional Solicitor General Anil Singh, representing NIA, and Public Prosecutor Deepak Thakare, appearing for the state government, opposed the plea saying if Bharadwaj required further treatment and had to be admitted to a hospital, including a private one, the jail authorities would do the same.

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Singh said another co-accused in the case, Varavara Rao, was admitted to JJ hospital and then shifted to the private Nanavati hospital for treatment of Covid-19 and other ailments.

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The court also noted the submissions made by NIA and the state that they were taking all precautions to contain Covid-19 spread in prisons. Dismissing Bharadwaj’s plea, the bench noted: “In our view, no case is made out for grant of bail. This appeal is devoid of merits.”

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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