The National Investigation Agency (NIA) on Thursday in the Supreme Court vehemently opposed the Elgar Parishad case accused Shoma Kanti Sen’s plea seeking interim bail on health grounds.
Sen sought an interim bail citing health issues and said that she was suffering from general ailments and there was nothing special about it.
Sen, an English literature professor, and women’s rights activist, was arrested on June 6, 2018.
A two-judge bench of the Top Court, headed by Justice Aniruddha Bose and also comprising Justice Augustine George Masih, indicated that it was inclined to grant medical bail for a limited period.
“We think we can give a medical bail for a limited period,” Justice Bose indicated.
Additional Solicitor General (ASG) KM Nataraj, senior law officer appearing for the NIA, told the bench that a medical board can be constituted to verify Sen’s medical condition and there is nothing that requires immediate treatment.
“The medical report shows that these are general ailments and there is nothing special about it. If required, we will constitute a medical board to ascertain her health condition," Nataraj said and pleaded for not granting her interim bail.
On the other hand, Mr Grover said she has been in jail for over five years and suffering from various ailments.
The top court, however, did not pass any order and fixed to hear the matter on December 6.
The apex court was hearing Sen’s appeal challenging the January 17, 2023 order of the Bombay High Court which had directed her to approach the special NIA court for bail.
The case against Sen relates to the alleged inflammatory speeches delivered at the Elgar Parishad conclave held at Shaniwarwada in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located on the city’s outskirts.