The Mumbai HC had granted bail to Sudha Bharadwaj on Dec 1 on the ground that her detention under the Unlawful Activities Prevention Act (UAPA) was extended by a sessions court that had no power to do so.
The National Investigation Agency (NIA) has approached the Supreme Court against the bail granted to accused Sudha Bharadwaj in the Elgaar Parishad case. The high court had granted her bail on December 1 on the ground that her detention under the Unlawful Activities Prevention Act (UAPA) was extended by a sessions court that had no power to do so.
The high court said that when a special court designated under the NIA Act existed in Pune, the sessions judge had no jurisdiction to extend the detention beyond the stipulated 90 days. It directed that she be produced before the Special NIA Court on December 8, for the conditions of her bail and date of her release to be decided.
Bharadwaj is the first among the 16 activists arrested in the case to be granted default bail. Poet-activist Varavara Rao is currently out on medical bail. Jesuit priest Stan Swamy died in a private hospital on July 5 this year while waiting for medical bail.
The high court, however, rejected the default bail pleas filed by Varavara Rao, Sudhir Dhawale, Vernon Gonsalves, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut and Arun Ferreira.
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