NEW DELHI: In a major relief to English literature professor and women's rights activist, Shoma Sen, the Supreme Court granted her bail in connection with her alleged involvement in the Bhima Koregaon case on Friday.
The accused, Sen has been an undertrial prisoner since June 6, 2018, in the Bhima Koregaon violence cass and is lodged at the Byculla jail in Mumbai, since then.
While enlarging Sen on bail, the two-judge bench of the top court, headed by Justice Aniruddha Bose and also comprising Justice Augustine George Masih, said, "We have seen that she is of advanced age and the effect of delaying trial at this stage, in addition to her medical conditions. She should not be denied the privilege of being released on bail," the bench said in its order.
It also thereby today revsered the order of the Bombay High Court, which rejected her bail plea. Thr order came as a suprising one, as the National Investigation Agency (NIA), which is the probe agency in the case, did not oppose her bail, thereby encouraging the SC to grant her bail.
The apex court, however, imposed certain conditions on her bail, including, she will not leave the State of Maharashtra and surrender the passport.
She is an accused in the 2018 Bhima Koregaon–Elgar Parishad -- Maoist links and criminal conspiracy case along with 14 other activists and academics. She is charged under the Unlawful Activities (Prevention) (UAPA) Act by the NIA.
Senior Supreme Court lawyer, Anand Grover, appearing for Sen, had sought bail on the ground that "her health is deteriorating day by day" and thereby she should be enlarged on interim bail immediately.
"Why should she (Shoma) be prejudiced for five and a half years. It's a travesty of justice. If KA Najeeb judgement of this court, is to be taken into account, then she should be granted immediate bail by the Court," Grover had said and desperately sought bail for Shoma.
Grover said that she had to run from court to court for bail? That can't be, it's been five and a half years. Mylords, please consider this.
Grover also argued that the evidence is of weak probative value, and the only thing against Sen in the supplementary chargesheet was the same, i.e., criminal conspiracy to instigate the violence, and it was before the high court when it directed a remand.
This chargesheet was filed because other people were arrested. This was before the high court, and there was no reason to not look at it, Grover said.
"There was barely anything against her and the same thing is being repeated as she is involved in criminal conspiracy, but what is the conspiracy, no one knows," Grover added.
All the documents relied upon by the NIA are from the devices belonging to Rona Wilson and Surendra Gadling. Nothing from Shoma's, Grover told the Apex Court.
The Additional Solicitor General (ASG) KM Nataraj, senior law officer appearing for the NIA, vehemently opposed the bail of Sen on the ground that her involvement in the crime could not be ruled out.
Nataraj had told the court that Sen’s plea only enumerates general ailments without any imminent danger to her life.
He had said, it was becoming a routine exercise where everyone is asking for medical bail in any case.
