Special NIA Court Refuses to Cancel Bail of Four Elgar Parishad Case Accused
A special National Investigation Agency (NIA) court in Mumbai has refused to cancel the bail granted to activists Sudha Bharadwaj, poet Varavara Rao, Vernon Gonsalves, and Arun Ferreira in connection with the Elgar Parishad violence case.
The prosecution had sought the revocation of their bail following an event held on the terrace of the Mumbai Press Club. NIA Special Public Prosecutor Prakash Shetty filed the plea claiming that the four accused attended and actively participated in the gathering on January 19, thereby violating the conditions imposed on them.
While granting bail previously, the court had placed restrictions restraining the accused from making contact or communicating with co-accused persons or anyone else associated with the case. The prosecution argued that their presence together at the Mumbai Press Club terrace event breached these specific terms.
Rejecting the plea, the special court held that a mere gathering does not establish a breach of bail conditions without evidence of wrongdoing. The court observed that the intention behind imposing the restriction was to ensure that the accused do not contact or communicate with co-accused persons to become involved again in similar activities.
The court pointed out that the accused regularly see and interact with one another during legal proceedings. It observed that on hearing dates, the accused meet each other in the courtroom and outside it, where they may talk, communicate, and discuss the facts and fate of their case without committing any breach of the conditions. The court noted that merely changing the venue of their gathering or meeting does not constitute a violation as alleged.
However, the court cautioned the activists to exercise greater prudence. It noted that since the accused were well aware of the conditions, they should have recused themselves upon seeing other co-accused gathered at the January 19 function to prevent complications and avoid applications for bail cancellation.
