After spending over six years in Byculla jail, Professor Shoma Kanti Sen finally walked out of jail after securing bail in the Bhima Koregaon case. She was arrested on June 6, 2018 under the Unlawful Activities Prevention Act (UAPA) based on her alleged links with CPI (Maoist).
The former Nagpur University professor reunited with her daughter outside the Byculla jail after being released on bail.
On April 3, the Supreme Court granted the activist bail in the Elgar Parishad-Maoist Links case. The bail was granted after considering Ms. Sen’s age, prolonged detention, health conditions, and the delayed commencement of the trial. The court observed that there are no reasonable grounds to believe the allegations against Ms. Sen.
However, bail for the 66-year-old activist comes with several conditions imposed. Ms. Sen must report to the station house officer in the jurisdiction where she resides once every 14 days. She must surrender her passport, and without a special court’s approval, she is not permitted to leave Maharashtra. She is also obligated to keep her phone switched on at all times for the GPS to remain active and connected to the NIA officer’s phone.
She is finally out , Shoma Sen wit her daughter outside Byculla jail pic.twitter.com/8k2J9B9ymF
— Indira Jaising (@IJaising) April 17, 2024
The former English professor was arrested after her alleged involvement in the Elgar Parishad conducted at Pune’s Shaniwarwada on December 31, 2017. It is alleged that the speeches made that day provoked violence on January 1 during the 200th anniversary celebrations of the Battle of Bhima Koregaon.
As part of the case, 16 individuals were arrested, including prominent activists, academicians, and lawyers. Nine of the total individuals were arrested by the Pune Police in 2018, while the other seven were arrested by the NIA after taking over the investigations in January 2020. All the arrested individuals were accused of being associated with the banned CPI (Maoist) and delivering speeches furthering the Maoist cause.
The 16 Defendants
Among the 16 defendants, lawyer-activist Sudha Bharadwaj secured default bail in 2021, former IIT professor Anand Teltumbde was granted bail in 2022, and activists Vernon Gonsalves and Arun Ferreira were granted bail by the apex court in 2023. Telugu poet P. Varavara Rao was granted bail for six months on medical grounds in February 2021. Although the 83-year-old’s bail was extended, the state high court rejected his plea for permanent bail.
Gautam Navlakha was granted bail by the Bombay High Court on December 19 last year. In October 2022, the Supreme Court allowed Navlakha to be kept under house arrest in Navi Mumbai due to his weak health. Activist Mahesh Raut was granted bail on September 21 last year, but the NIA’s challenge has kept him behind bars as the top court continues to uphold the stay.
The 84-year-old priest and tribal rights activist from Jharkhand, Father Stan Swamy, passed away in custody in July 2021.
Journalist-activist Sudhir Dhawale, lawyer Surendra Gadling, cultural artists and activists Sagar Gorkhe, Jyoti Jagtap, and Ramesh Gaichor, Delhi University associate professor Hany Babu, and activist Rona Wilson continue to be incarcerated.
With the last hearing held on April 1, the Supreme Court is still hearing discharge applications while considering their long incarceration without a trial when granting bail to the accused.