[Orders awaited] A Special NIA court rejects medical bail filed by Shoma Sen, Vernon Gonsalves, Anand Teltumbde and Gautam Navlakha.

A Special National Investigation Agency (NIA) court on Tuesday rejected medical bail filed by Bhima Koregaon Violence accused - Shoma Sen, Vernon Gonsalves, Anand Teltumbde and Gautam Navlakha. Pleas were heard before Judge Dinesh E. Kothalikar.

Seeking bail, the accused persons relied on recommendations from the high-powered committee set up to decongest prisons owing to the Covid-19 pandemic. The applicants argued that they are suffering from several co-morbidities which make them vulnerable to Covid-19, hence they are eligible for release. 

Accused Shoma Sen, 63 years old former Nagpur University professor cited her age in the bail plea and pointed out that she suffers from multiple ailments including hypertension, blood pressure and osteoarthritis, which could make her vulnerable to Covid-19.

Sen contended that since on the basis of high-powered committee’s recommendations, the government has issued in regard to releasing a certain category of prisoners on bail due to the pandemic, she should be considered for release. Sen was arrested on June 6, 2018, and is lodged in the Byculla women’s prison since then.

However, opposing the application Special Public Prosecutor Prakash Shetty for NIA argued that earlier also similar pleas filed by other accused have been rejected. Moreover, he contended that Covid-19 could not be a ground for release now.

Directing that the prison authorities shall observe medical protocol and provide appropriate medical aid to Sen if required, the Special NIA court rejected her application.

Anand Teltumbde, former Managing Director and CEO of Petronet India Limited, who is in jail since April 14, 2020, Vernon Gonsalves, who was arrested on August 28, 2018 and Gautam Navlakha, who surrendered before NIA Delhi on April 14, 2020, also pleaded for the interim medical bail stating their medical conditions, which were also rejected. 

Further, the court allowed an application filed by co-accused Rona Jacob Wilson seeking an extension of his temporary bail by three days. He had sought the extension stating that he was released late from prison following his emergency bail for two weeks due to his father's demise in August.

The NIA did not oppose his plea, following which, the court said that Wilson could return to jail on September 30, instead of September 27.

Lastly, the court, however, rejected another application filed by co-accused Gautam Navlakha, Hany Babu and Sudha Bharadwaj seeking a copy of draft charges submitted by NIA.

The bail applicants are accused in a case that relates to Elgar Parishad, a conclave held in Pune on Dec 31, 2017, with respect to which the Pune Police alleged that it had been backed by Maoists, and provocative speeches made there led to caste violence near Bhima-Koregaon War Memorial the next day.