Elgar Parishad Case: NIA, State govt oppose Sudha Bharadwaj's bail plea in Bombay HC
Aug 04, 2021
Mumbai (Maharashtra) [India], August 4 : The National Investigation Agency (NIA) on Monday opposed the bail plea of the Elgar Parishad case accused Sudha Bharadwaj, a rights activist, who moved the Bombay High Court for default bail.
Additional Solicitor General (ASG) Anil Singh argued no valid default bail plea as his main grounds to oppose the default bail application filed by the accused Sudha Bhardwaj in the Elgar Parishad case.
Singh told the court, "There was no valid default bail plea filed under section 167(2) of CrPC. Because the right of default bail applies only after 90 days of actual arrest and before the charge sheet is filed. In this case, three default bail applications were filed. First default bail before 90 days of arrest and the other two were filed after the charge sheet. So No valid bail plea."
"Cognisance on the charge sheet has nothing to do with the default bail application as both are independent issues. The only delay in filing of charge sheet is relevant ground for default bail," said Singh.
He further said, "Sections 13 and 16 of NIA act clearly say that NIA court's role comes only at the trial stage and presently the case is in pre-trial stage So based on this fact also, a challenge to court jurisdiction is not a valid argument for seeking default bail."
In her submissions before the court, Sudha Bharadwaj had stated that the judge who took confidence in the charge sheet against her was not a designated special judge. The same judge granted an extension of time to the NIA to file the charge sheet, said in her default bail plea.
Sudha Bharadwaj was arrested in August 2018 in connection with the Bhima Koregaon/Elgar Parishad case.
Referring to one of the Supreme Court's judgements to support his case, Singh said, "Even if the initial remand is not by the proper court and subsequently there is a remand by the proper court, the same get regularised.
The Bombay High Court is likely to conclude the hearing on the bail plea of Sudha Bhardwaj on default grounds in the case today.
Singh, appearing for the National Investigation Agency concluded his arguments for the investigation agency and Advocate General (AG) Ashutosh Kumbhakoni has completed arguments for Maharashtra state.
The court will hear the matter today at 10 am.
