The Supreme Court on Thursday refused interim bail to rights activist Sudha Bharadwaj in the Bhima Koregaon case, questioning her claim that her poor health was a “ticking time bomb”.

Bharadwaj, 58, has spent over two years in a Pune jail since her August 2018 arrest in the case, which relates to caste violence on January 1, 2018, and an alleged Maoist plot to target the Prime Minister’s rallies.

Her lawyer, senior advocate Vrinda Grover, had underlined in court that Bharadwaj suffered from heart ailments, diabetes and arthritis.

She said Bharadwaj could easily pick up Covid-19 from fellow inmates, with her existing diseases making her particularly vulnerable against the virus.

But the bench of Justices U.U. Lalit and Ajay Rastogi decided after going through health records furnished by the Maharashtra government that her medical condition did not warrant interim bail. The bench advised Bharadwaj to approach the appropriate court for regular bail.

“I am in custody since two years as an undertrial. Charges are not proved. I am only seeking interim bail,” Grover said. “She is 58 and is not severely diabetic,” Justice Lalit remarked, referring to her medical reports.

Grover said Bharadwaj had developed her heart problems in jail and her condition was “a ticking time bomb”. “It (Bharadwaj’s condition) needs a cardio profile, lipid profile.

Let me get the check-up done. She has also developed arthritis. She has never abused any court order,” Grover said.

She argued the prosecution had produced no evidence to connect Bharadwaj with the violence in Bhima Koregaon, and asserted her client had at the time been practising at Bilaspur High Court.

Justice Lalit asked why Bharadwaj had not applied for regular bail from the competent court. Grover replied that a plea for regular bail was pending with Bombay High Court.

Justice Lalit then said that Bharadwaj’s blood sugar level was not excessive — it was only 114. (It’s normal to have sugar levels of 100 mg/dL after fasting for at least eight hours, and 140 mg/dL two hours after eating.)

Grover said Bharadwaj’s family was concerned more about her cardiac problems and arthritis.

Justice Rastogi then underscored that jail doctors had examined Bharadwaj on August 20 and found no serious problems.

The apex court noted that the high court too had recorded that the medication provided to her was in order.

“Are you saying this report is false? You have a good case on merits, why don’t you file a regular bail application? Either you withdraw it (interim bail plea) or we will dismiss it,” the bench said.

Grover then withdrew the plea for interim bail.