Elgar Parishad case: Bharadwaj being looked after well by jail says NIA

The National Investigation Agency (NIA) has opposed the plea of a lawyer and former professor Sudha Bharadwaj who is currently lodged in Byculla Women’s prison for

The National Investigation Agency (NIA) has opposed the plea of a lawyer and former professor Sudha Bharadwaj who is currently lodged in Byculla Women’s prison for her alleged involvement in the Elgar Parishad case. The NIA in its response to the application by Bharadwaj in the Bombay high court against the special court’s refusal to grant her interim bail has stated that Bharadwaj is using her comorbidities as an excuse to get interim bail during the pandemic. The NIA has assured that Bharadwaj is being provided with the medication she has been taking since the past 20 years for her diabetes and blood pressure and as the UAP Act under which she has been arrested, has no provision for bail, the special court’s refusal on May 29 was valid. The reply was to be heard by the court on Tuesday but due to paucity of time, the matter could not be heard and is expected to be listed for hearing on Friday.

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The NIA in its reply said that the medical condition Bharadwaj has referred to in her plea has no merit as she has been suffering from ‘some chronic illness’ since 20 years for which she is undergoing prescribed medication and she is being provided with necessary medical assistance in jail as the authorities have her medical records. “It is clear that the pleading concerning the medical condition of the petitioner is merely a ruse to obtain an order of interim relief which is not available to the petitioner otherwise on the merits of the case,” the reply states. The NIA has stated that as the evidence against Bharadwaj so far does not entitle her to seek any relief on any grounds including that of the pandemic.

Bharadwaj had applied for interim bail before the special NIA court following the recommendations of the state-appointed high powered committee to release under-trials and convicts on interim bail and parole. The recommendations had however made an exception for under-trials and convicts who were incarcerated under special acts. However, after the special court rejected her application she approached the HC.

In her appeal, Bharadwaj has said that as she is susceptible to the virus, she can be considered for interim bail.