Bombay High Court Grants Default Bail To Sudha Bharadwaj In Bhima Koregaon Case; Refuses Bail To 8 Other Accused by Sharmeen Hakim 2021-12-01 https://www.livelaw.in/amp/top-stories/bombay-high-court-grants-default-bail-to-sudha-bharadwaj-in-bhima-koregaon-case-refuses-bail-to-8-other-accused-186679
The High Court accepted the petitioners' argument that the Additional Sessions Court, Pune, which took cognizance of the chargesheet filed by the NIA and also extended the period of detention of accused beyond 90 days as per Section 43D(2) of the UAPA, was not competent to do so. Because, the Pune Sessions Court was not notified as a Special Court under the NIA Act. Also, there was another Special NIA Court in existence in Pune at the relevant time. ..However, the High Court added that this irregularity will not result in vitiation of the cognizance taken on the chargesheet.,,
As far as the other 8 applicants are concerned, the High Court noted that none of them had filed an application seeking default bail at the time of expiry of 90 days of their detention.
Their case was premised on the argument that the cognizance of the chargesheet itself is vitiated, as the Court had no competence, and hence it should be presumed that no chargesheet has been filed as regards them. This was not accepted by the High Court on the basis of the principle that mere irregularity in taking cognizance will not vitiate the proceedings.
Full Judgement https://www.livelaw.in/pdf_upload/sudha-bharadwaj-v-nia-405097.pdf