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Supreme Court today dismissed the NIA’s appeal challenging challenging the default bail granted to Sudha Bharadwaj accused in the Bhima Koregaon case.

After hearing the NIA’s arguments on the question of Jurisdiction which applies in UAPA cases, a bench of Justices UU Lalit, Ravindra S Bhat & Bela M Trivedi stated, “We see no reason to interfere”.

Recently on December 1, the High Court had allowed Sudha Bharadwaj’s default bail plea in the Bhima Koregaon case. She will be presented before the Special NIA court on December 8, which would further finalise her release on bail.

However, the bench had rejected the default bail plea of eight other co-accused in the case including Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Rona Wilson, Shoma Sen, Surendra Gadling and Varavara Rao.

The matter pertains to the FIR registered over the allegation that in the programme organized by the members of Kabir Kala Manch under the banner of ‘Elgar Parishad’, the speeches and performances were provocative and had the effect of creating communal disharmony. It was further alleged that the said programme provoked the incidents of violence near Bhima Koregaon, Pune on 1st January 2018, resulting in the loss of life and property and creation of social disharmony.

The Bombay High Court had directed, "The applicant Sudha Bharadwaj be produced before the Special Court, NIA, Mumbai on 6th December 2021 and the learned Special Judge shall pass an order releasing the applicant-Sudha Bharadwaj on default bail on such terms and conditions as may be found suitable in the circumstances of the case."

The High Court while relying on several judgments had observed that "it has been held that the right of the accused to be released on bail, if the investigation is not completed and charge sheet is not fled within the period prescribed under section 167 of the Code and as extended by special enactments, is indefeasible and also partakes the character of fundamental right fowing from ‘the procedure established by law’ under Article 21 of the Constitution of India.