BhimaKoregaonCase
Bhima Koregaon case accused Shoma Sen seeks interim bail, SC to hear NIA arguments tomorrow
New Delhi/IBNS/UNI: English professor and one of the Bhima Koregaon case accused Shoma Sen, on Wednesday desperately pleaded to the Supreme Court for granting immediate interim bail on grounds of her deteriorating health.
Senior Supreme Court lawyer, Anand Grover, appearing for Shoma, sought bail on the ground that "her health is deteriorating day by day" and thereby she should be enlarged on interim bail immediately.
Sen has been an undertrial prisoner since June 6, 2018, and is lodged at the Byculla jail in Mumbai.
"Why should she (Shoma) be prejudiced for five and a half years? It's a travesty of justice. If the KA Najeeb judgement of this court is to be taken into account, then she should be granted immediate bail by the Court," Grover said and desperately sought bail for Shoma.
She is an accused in the 2018 Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case along with 14 other activists and academics.
She is charged under the Unlawful Activities (Prevention) (UAPA) Act.
A two-judge bench of the apex court, headed by Justice Aniruddha Bose and Augustine George Masih, was hearing the matter, and also wanted to know more about the case and fixed the matter for further hearing on Thursday.
He also argued that the evidence is of weak probative value, and the only thing against Shoma in the supplementary chargesheet was the same, i.e., criminal conspiracy to instigate the violence, and it was before the high court when it directed a remand.
This chargesheet was filed because other people were arrested. This was before the high court, and there was no reason to not look at it, Grover said.
"There was barely anything (against Shoma), and the same thing is being repeated ad nauseam, conspiracy, but what is the conspiracy, no one knows," Grover said.
All the documents relied upon by the NIA are from the devices belonging to Rona Wilson and Surendra Gadling. Nothing from Shoma's, Grover told the Apex Court.
The Additional Solicitor General (ASG) KM Nataraj, senior law officer appearing for the NIA (National Investigation Agency) which is the probe agency in the case, vehemently opposed the bail of Shoma today on the ground that her involvement in the crime could not be ruled out.
Nataraj had told the court that Sen’s plea only enumerates general ailments without any imminent danger to her life.
He had said it was becoming a routine exercise where everyone is asking for medical bail in any case
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