Bhima-Koregaon case: ‘Not enough evidence to prove Bharadwaj’s role’

Arguments for the bail application of activist and lawyer Sudha Bharadwaj, accused of being involved in Elgar Parishad, and the subsequent 2018 Bhima-Koregaon riots,

Arguments for the bail application of activist and lawyer Sudha Bharadwaj, accused of being involved in Elgar Parishad, and the subsequent 2018 Bhima-Koregaon riots, concluded today in the Bombay high court (HC).

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Bharadwaj’s advocate pointed to the failure of the lower court to apply the test required for releasing an accused under the Unlawful Activities (Prevention) Act (UAPA), wherein the onus of proving the guilt of the accused is on the prosecution.

He added that though sufficient evidence was not given to prove Bharadwaj’s involvement, her bail application had been rejected.

The bench of justice Sarang Kotwal, while hearing the bail application of Bharadwaj, was informed by her advocate Dr Yug Choudhary, that the police did not have any primary evidence to incriminate his client, and the secondary evidence was insufficient.

Choudhary reiterated his previous argument that though the police had recovered evidence in the form of documents from the laptops of the co-accused, and a letter bearing Bharadwaj’s name, they had failed to prove the authorship. Despite this, the lower court rejected the bail petition.

Choudhary concluded that Bharadwaj was old and had a young daughter who was alone. He also cited his client’s health issues. In light of these submissions, he prayed for grant of bail.