Elgar Case: Top Court Asks Sudha Bharadwaj To File Bail Plea On Merits

The three-judge bench said that Ms Bharadwaj has a good case on merits and urged the petitioner to file regular bail plea.

Elgar Case: Top Court Asks Sudha Bharadwaj To File Bail Plea On Merits

Sudha Bharadwaj has been lodged in the Byculla women's prison since September 2018. (File)

New Delhi:

The Supreme Court today declined to entertain plea for interim bail on medical grounds by lawyer-activist Sudha Bharadwaj -- an accused in the Elgar Parishad-Koregaon Bhima case -- and instead urged her to submit a regular bail plea, adding  she "has a good case on merits".

Advocate Vrinda Grover, appearing for Ms Bhardwaj, had submitted an interim plea on the grounds that the activist has been in jail for over two years and is suffering from diabetes and comorbidities and wanted interim bail so that she can undergo medical check up.

The three-judge bench, however, said that Ms Bharadwaj has a good case on merits and urged the petitioner to file regular bail plea.

"She is 58 and is not severe diabetic. The sugar level is fine. We are not with you on medical grounds. You have a good case on merit. Why don't you apply for a regular bail. Either you withdraw it or we will dismiss," the bench comprising Justices UU Lalit, Vineet Saran and Ajay Rastogi said.

The plea was then withdrawn.

Ms Bharadwaj, who is currently housed at Mumbai's Byculla women's prison, had earlier approached the Bombay High Court seeking bail, saying that her chronic condition put her at a higher risk of contracting coronavirus.

The court had then dismissed the submissions stating that the government of Maharashtra would continue to provide her medical aid in prison.

On August 21, the state government had submitted a report stating that the 58-year-old health condition was found to be "stable and satisfactory" during an examination in the prison by a medical officer.

Ms Bharadwaj has been lodged in the Byculla women's prison since her arrest in the case in September 2018.

The case pertains to the Elgar Parishad conclave held in Pune district on December 31, 2017. It is alleged that speeches made by some activists at the conclave led to violence near the Koregaon-Bhima war memorial on outskirts of Pune city the next day.

With inputs from PTI