Supreme Court Grants Bail to Activist Shoma Sen in Bhima Koregaon Case

Supreme Court grants bail to activist Shoma Sen in Bhima Koregaon case

New Delhi: The Supreme Court on Friday granted bail to Shoma Kanti Sen in the Bhima Koregaon violence case nearly five years after her arrest.

The former Nagpur University professor and activist was arrested in June 2018 under the Unlawful Activities Prevention Act (UAPA) for her alleged links with the banned Maoist outfit – the Communist Party of India (Maoists).

“On breach of any of the conditions, it will be open to the prosecution to seek cancellation of bail,” the bench said.

Sen had approached the top court after the Bombay high court turned down her bail plea on January 17 last year.

The high court allowed her to approach the trial court again for bail but she preferred to approach the top court where similar pleas by other co-accused were pending.

The bench of justices Aniruddha Bose and AG Masih passed the order considering her medical condition, advanced age and the delay in framing charges. The court said that any observation on the allegations against her is prima facie and will not affect the trial, which is still pending.

Sen , 64, was arrested in June 2018 in connection with her alleged role in the 2018 Bhima Koregaon violence, where she was accused of having links with the banned Maoist outfit – the Communist Party of India (Maoist). She is currently lodged at Byculla jail.

“Considering the delay in framing charge, the period undergone in custody, the nature of allegations and being a lady of advanced age with a medical condition, we do not think she should be denied bail pending further investigation,” the bench said.

Ordering her release, the apex court imposed a string of conditions requiring her to surrender her passport and not leave Maharashtra without the trial court’s permission.

It further ordered her to keep her mobile device active and keep paired with the investigating officer of the National Investigation Agency (NIA) to ensure her 24x7 surveillance.

“On breach of any of the conditions, it will be open to the prosecution to seek cancellation of bail,” the bench said.

These conditions were identical to a similar order by the top court passed in July last year while releasing two other accused in the same case – Vernon Gonsalves and Arun Fereira.

During the arguments on Sen ’s bail, additional solicitor general (ASG) KM Nataraj said the agency (NIA) does not seek her further custody.

Sen ior advocate Anand Grover and advocate Nupur Kumar , representing Sen , said that she had been suffering from multiple ailments and claimed that the trial would not begin even in the next five years.

“We clarify that whatever observations, as against the nature of allegations against her, are only prima facie and in future, much will depend on the framing of charge and the nature of evidence produced by the agency during the trial,” the bench said after hearing the argument.

Sen had approached the top court after the Bombay high court turned down her bail plea on January 17 last year. The high court allowed her to approach the trial court again for bail but she preferred to approach the top court where similar pleas by other co-accused were pending.

Sen complained of suffering from osteoporosis with degeneration of both her knees and was diagnosed with a condition of irritable bowel syndrome that required her to be treated at a better facility other than the government hospital.

“The undertrial has a right to health under the right to life guaranteed by Article 21 of the Constitution of India....this court is beseeched to direct the release of the undertrial on interim medical bail in view of her health condition and advanced age of the applicant”, her bail application read.

The NIA had argued that it had a strong case against Sen on merits as she was not only possessing Maoist materials but played an active part in the unlawful activities of CPI(Maoist). Nataraj stated that the petitioner was a member of several organisations that received funds from the banned outfit, and she had deleted incriminating material from her electronic devices on directions of the co-accused and senior members of CPI(Maoist).

The Bhima Koregaon case pertains to alleged inflammatory speeches made at an Elgar Parishad conclave in Pune on December 31, 2017, which, police claimed, triggered violence the next day near the Koregaon- Bhima war memorial on the outskirts of the western Maharashtra city. One person was killed in the incident.

The government had in 2009 banned the CPI (Maoist) under the UAPA as a terrorist organisation.