This Court has sought response from the National Investigation Agency (NIA)  on the condition of the Byculla Women’s Prison.

On 11 July, 2020 the Bombay High Court in the case Sudha Bhardwaj v. NIA, comprising of the Division Bench of Justices SS Shinde and Madhav Jamdar directs the National Investigation Agency (NIA) to give its response on the state and the conditions of the Byculla Women’s Prison.

Sudha Bhardwaj was arrested under the Unlawful Activities (Prevention)  Act (UAPA) in connection with the Bhima Koregaon case and as she had been in the jail for one year, but the Pune Police has not been able to produce any conclusive evidence against her.

It has been contented by her lawyer, Yug Chaudhary that the Police relied on six documents and they were just mere allegations on her.

The Police had alleged that through the Antifascist Front she had decided to remove the democratically elected Government,  assassinate political figures and threaten the unity,  integrity, and sovereignty of India. But none of the six documents proved such things.

The Bail plea has been filed on citing medical grounds like diabetes,  high blood pressure that makes her prone to Covid-19. She is one of the most vulnerable people who are vulnerable to contracting the virus. The conditions of the jail are not healthy due to which the threat of the virus is a serious concern.

The Respondent,  NIA opined that she cannot be granted interim bail in view of the serious offences She is charged with. It is contended that “ she is taking undue benefit of the Pandemic”.Earlier also she was denied interim bail when the inmates at the prison tested positive for Covid-19. The Agency said that her condition is stable as per the report of the medical practitioners and she is also being provided with medical assistance in the prison.

The Court said that “ considering the nature of allegations against the appellant-accused Sudha Bhardwaj and the evidence which has come on record so far against her, she is not entitled to seek any relief from this Hon’ble Court… no ground is made out for the grant if interim bail to the appellant-accused prayed “.

The Court rejected the plea for interim bail and the next hearing Willy be held on July 17, 2020, in this regard.