The Supreme Court has granted bail to activist Shoma Kanti Sen today in the Elgar Parishad-Maoist links case. However, the court has ordered Sen to not leave Maharashtra without informing the special court during the bail period.
Sen, a Nagpur-based activist and former English professor at Nagpur University, has been in judicial custody over alleged Maoist links. The arrest stemmed from her purported involvement in the Elgaar Parishad held at Shaniwarwada in Pune on December 31, 2017, which allegedly led to violence on January 1 during the 200th anniversary celebrations of the Battle of Bhima Koregaon.
The court”s decision comes after it observed that there are no reasonable grounds to believe that accusations against Shoma Sen in the Bhima Koregaon case are “prima facie true”.
The Supreme Court observed that the allegations against Sen do not reveal commission of UAPA offences restricting bail and no prima facie evidence available of Sen committing or attempting to commit any terrorist act.
The Court has also said that there is no hint of corroboration for the allegation that Sen has funded terrorist acts or received money for such purposes.
Nine accused were arrested in the Elgaar Parishad case by the Pune police in 2018, with seven others apprehended by the NIA following its takeover of the investigation in 2020. Late last year, Gautam Navlakha was granted bail by the Bombay High Court in the same case. Tragically, Father Stan Swamy passed away while in judicial custody in July 2021. Mahesh Raut was granted bail by the high court in September 2023, but the NIA”s challenge has kept him incarcerated as the Supreme Court continues to uphold the stay.
In a similar vein, Vernon Gonsalves and Arun Ferreira were granted bail by the Supreme Court in July 2023, after nearly five years as undertrials. Teltumbde”s bail, granted by the high court in November 2022, was upheld by the Supreme Court. Varavara Rao received bail on medical grounds in August 2022, following temporary bail from the high court in February 2021. Sudha Bharadwaj was granted default bail by the high court in December 2021.
However, Sudhir Dhawle, Rona Wilson, Hany Babu, Surendra Gadling, Ramesh Gaichor, Sagar Gorkhe, and Jyoti Jagtap remain incarcerated.