The Supreme Court has granted bail to academic-activist Shoma Kanti Sen, who was arrested in June 2018 in connection with the Elgar Parishad-Maoist links case. This decision comes as a relief for Sen, aged 66, considering the delay in framing charges and her prolonged detention. The court imposed several conditions as part of her bail, emphasizing the importance of maintaining location tracking through GPS on her mobile phone, which will be paired with an investigating officer of the NIA (National Investigation Agency) to track her whereabouts continuously.
The bench comprising Justices Aniruddha Bose and Augustine George Masih directed Sen to inform the investigating officer about her residence, use only one mobile number, and not leave Maharashtra without the special court’s permission. The court emphasized that any form of liberty deprivation must be reasonable and justified under Article 21 of the Constitution.
The court took note of Sen’s age, health conditions, and the absence of serious medical grounds for bail. However, considering the delay in framing charges, duration of detention, and the nature of allegations against her, the court deemed it appropriate to grant her bail pending further legal proceedings.
The court also set aside the Bombay High Court’s previous order and noted the fair stand taken by the NIA, which stated that Sen’s custody is currently not required for further investigation. The bench highlighted the importance of pre-trial detainee’s liberty, especially when charges are yet to be framed after an extended period of custody.
Regarding the allegations against Sen, including funding terrorist acts and associating with a banned organization, the court observed that the prosecution failed to provide sufficient evidence at this stage. It noted that Sen’s association with a terrorist organization or involvement in related offenses could not be substantiated based on the available material.
While granting bail, the court instructed Sen to report to the station house officer every fortnight and warned that any breach of bail conditions could lead to its cancellation by the special court.
Shoma Kanti Sen, known for her work as an English literature professor and women’s rights activist, was arrested in connection with alleged inflammatory speeches at the Elgar Parishad conclave in Pune in December 2017. The case revolves around speeches that police claim incited violence near the Koregaon-Bhima war memorial. The Pune Police had alleged Maoist backing for the conclave.
Sources By Agencies
