Nothing incriminating in docus used against Sudha Bharadwaj, says her lawyer
Choudhary, while replying to queries posed by a bench of justice Sarang Kotwal regarding admissibility of letters recovered from the computers of co-accused Surendra Gadling and Rona Wilson, submitted that as per the Evidence Act, the documents could suffice to implicate the two if the said documents were written by them and recovered from their possession, but not Bharadwaj.
Sudha Bharadwaj arrested in connection with the Bhima-Koregaon case should be granted bail as the documents that the state has relied on don’t incriminate her, the activist’s lawyer Yug Choudhary argued in the Bombay high court on Friday. The arguments will continue on September 19.
Choudhary, while replying to queries posed by a bench of justice Sarang Kotwal regarding admissibility of letters recovered from the computers of co-accused Surendra Gadling and Rona Wilson, submitted that as per the Evidence Act, the documents could suffice to implicate the two if the said documents were written by them and recovered from their possession, but not Bharadwaj.
He further referred to the cases during the British Raj, wherein courts had rejected the accusations by the government on the grounds that the authorship of recruitment documents used to implicate the revolutionaries were not verified. “Similarly, the documents relied upon by the state to incriminate Bharadwaj could implicate the authors from whose possession the documents were recovered, but not her,” Choudhary said, adding had the court admitted the unverified documents to incriminate the revolutionaries, it would have paved the way to implicate political rivals too.
He said there was no scope of his client violating the bail condition of fleeing the country, tampering with evidence or threatening witnesses, as Bharadwaj had not refused to cooperate in the investigations.