Bhima Koregaon case: Supreme Court grants bail to Shoma Sen
What's the story
The Supreme Court has granted bail to Shoma Sen, one of the accused in the Bhima Koregaon case. The ruling was made by Justices Aniruddha Bose and Augustine George Masih, who noted that the National Investigation Agency (NIA) did not object to her release. As a result, the stringent bail conditions under the Unlawful Activities Prevention Act (UAPA) are not applicable in this instance. Sen was arrested on June 6, 2018, and has been under custody since then.
Context
Why does this story matter?
Sen is one of 16 academics, activists, and lawyers prosecuted under the UAPA for allegedly inciting caste violence during the Elgar Parishad conclave near Pune in January 2018. According to Pune Police, the gathering was funded by Maoists, and the inflammatory statements delivered there allegedly sparked rioting at the Koregaon-Bhima war memorial in Pune the following day. The violence resulted in one death and multiple injuries.
Reasoning explained
Court cites age and health in bail decision
While granting bail, the bench also noted Sen's advanced age and medical conditions. The court stated, "Section 43(D)(5) restriction should not apply to the petitioner. We have noted that Additional Solicitor General (who appeared for NIA) stated custody is no longer needed." The justices further added, "Once we hold that 43(d)(5) of the 1967 act does not apply... She should not be denied the privilege of being released on bail."
Conditions imposed
Future proceedings and bail conditions outlined
At the same time, the court clarified that its comments are preliminary and that future proceedings will depend on witness testimonies and other factors. The court also imposed certain conditions for her release. This includes Sen having to stay within Maharashtra, surrender her passport, provide the NIA with her residential address and phone number, keep her phone operational and charged, and link it with an NIA officer's phone for location tracking. Violation of these conditions could lead to bail cancellation.
Other accused
Other accused who have been granted bail
The ruling was made in response to a petition challenging a January 2023 order of the Bombay High Court, in which it directed Sen to approach the special court trying her case for bail. Other accused who have been granted bail are Sudha Bharadwaj, Anand Teltumbde (in 2022), Vernon Gonsalves, Varavara Rao, and Arun Ferreira . Gautam Navlakha has been shifted to house arrest for health reasons. Another suspect, Father Stan Swamy, died in custody in July 2021.