Former Nagpur University professor Shoma Sen, who has been incarcerated since her arrest in 2018 under the Unlawful Activities Prevention Act (UAPA) in connection with the Elgar Parishad case, has been granted bail by the Supreme Court today.
The decision comes after a prolonged legal battle and consideration of various factors, including Sen's age, health conditions, delayed trial, and the nature of the allegations against her.
The bench, comprising Justices Aniruddha Bose and Augustine George Masih, highlighted Sen's age, 66, and health concerns, leading to the decision to grant bail. Notably, the court waived the restrictions outlined in Section 43D(5) of the UAPA, which typically make bail challenging to attain.
Under the conditions set by the Supreme Court, Sen must adhere to certain regulations upon her release.
She is required to report to the station house officer within her jurisdiction once every fortnight, surrender her passport, and obtain special court approval before leaving Maharashtra. Additionally, Sen must maintain active GPS tracking on her mobile phone, connected to the NIA officer's phone, to monitor her location.
The charges against Sen stem from her alleged involvement in the Bhima Koregaon violence case, particularly her purported links with CPI (Maoist). She was detained under the UAPA, a law aimed at combatting unlawful activities that pose a threat to India's sovereignty and integrity.
The case revolves around speeches delivered at the Elgar Parishad conclave in December 2017, which authorities claim incited violence near the Bhima-Koregaon war memorial. The investigation was transferred to the NIA from the Pune Police and has implicated several activists and academicians.
Sen's release marks a significant development in the case, as she becomes the sixth among 16 defendants to secure bail.
Others who obtained bail include Sudha Bharadwaj, Anand Teltumbde, Vernon Gonsalves, Arun Ferreira, Varavara Rao, and Gautam Navlakha. However, some rulings, like those for Navlakha and Mahesh Raut, were put on hold and later upheld by the Supreme Court.
Father Stan Swamy, another defendant, passed away while in custody in July 2021.