The Aryavarth Express
Agency(New Delhi): The Supreme Court has granted bail to academic and activist Shoma Kanti Sen, who was arrested in June 2018 over her alleged involvement in the Elgar Parishad-Maoist links case. The decision came after the court considered the “composite effect” of the prolonged delay in framing charges and Sen’s extended detention period.
Sen, a 66-year-old English literature professor and women’s rights activist, has been under custody for nearly six years without a trial. The apex court, led by Justices Aniruddha Bose and Augustine George Masih, imposed several conditions on her bail. These include the activation of GPS tracking on her mobile phone, which must be linked with the investigating officer’s device to monitor her movements continuously. She is also restricted from leaving Maharashtra without judicial permission and is required to report bi-weekly to the local police station.
The court’s decision reflects concerns over the breach of Article 21 of the Constitution, which protects personal liberty unless its deprivation follows a just, fair, and reasonable procedure. The bench noted that while Sen’s medical condition alone was insufficient for bail on health grounds, the cumulative consideration of her age, health, the nature of the allegations against her, and the evidence presented justified her release.
This ruling overturns a previous order by the Bombay High Court, which had dismissed her bail application and allowed for a fresh approach at the trial court. The Supreme Court’s critique of the handling of Sen’s case comes amid broader discussions on the application of the Unlawful Activities (Prevention) Act, under which she was charged, particularly concerning its bail-restricting provisions.
The case against Sen stems from allegations of inflammatory speeches at the Elgar Parishad conclave in Pune on December 31, 2017, which were claimed to have incited violence the following day near the Koregaon-Bhima war memorial. The police allege the event was supported by Maoists, a claim that has been heavily scrutinized and debated in judicial proceedings.
