Shoma Sen, a Dalit and women’s rights activist, was released on bail on Friday by the Supreme Court in the case of Shoma Kanti Sen vs State of Maharashtra and others. She was charged with violence in Bhima Koregaon.
The order was rendered by a bench consisting of Justices Augustine George Masih and Aniruddha Bose. The bench noted that since the National Investigation Agency (NIA) did not object to her release on bail, the rigorous requirements for bail as stipulated in the Unlawful Activities Prevention Act (UAPA) would not be applicable.
The Division Bench ordered ,”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. Once we hold that 43(d)(5) of the 1967 act does not apply…. We have seen 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.”
It elucidated that its observations are preliminary in nature and that Sen may be admitted to the trial, contingent upon the examination of witnesses and other relevant factors in subsequent proceedings.
Additionally, in granting bail, the court imposed the subsequent conditions:
- Sen is required to remain in Maharashtra and hand over her passport
- She shall notify the NIA of her place of residence and provide the NIA officer with her mobile phone number, ensuring that it remains charged and operational.
- In order to determine her whereabouts, it is necessary for the GPS on her mobile device to be enabled and for her phone to be connected to the phone of the NIA officer.
The Court also said that the prosecution may request the termination of bail if any conditions are breached.
On June 6, 2018, Sen was arrested and charged with violations of the UAPA.
In January of last year, the Bombay High Court told her to ask for bail at the special NIA court before going back to the High Court. This is what led to her present plea to the highest court.
Prior to the chargesheet being filed, she had sought release in December 2018 via the Pune Sessions Court. Subsequently, she made a second bail plea.
In November 2019, both applications were denied by the sessions court via a common order.
Following this, the trial was moved to the special NIA court and the case’s investigation was handed over to the National Investigation Agency (NIA).
In 2020, Sen went to the High Court to request bail.
In January 2023, the High Court requested that she first go before the special NIA court.
Then Sen decided to go to the highest court and challenge that High Court order.
The National Investigation Agency (NIA) told the highest court that it would not need to keep Sen.
Counsels are for Sen: Senior Advocate Anand Grover with advocates Nupur Kumar and Paras Nath Singh
Counsel for NIA: Additional Solicitor General KM Nataraj
Counsels for the State of Maharashtra: Advocates Siddharth Dharmadhikari and Aaditya Aniruddha Pande