Bhima Koregaon Riots: SC grants bail to Shoma Sen and says “no reasonable ground for believing that the accusations against her are prima facie true”

While hearing the Shoma Kanti Sen vs. The State of Maharashtra & Anr. on April 05, 2024, the Supreme Court (SC) of India granted bail to former Nagpur University Professor and women’s rights activist Shoma Sen who was arrested for her alleged involvement in the Bhima Koregaon riots. Shoma Sen was arrested on June 06, 2018, under the Unlawful Activities Prevention Act 1967 (UAPA) and has been under custody since then. The bench comprising Justice Aniruddha Bose and Justice Augustine George Masih said “there is no reasonable ground for believing that the accusations against the appellants for commission of the offences incorporated in Chapter IV and VI of the 1967 Act (UAPA) are prima facie true.” While considering the concession of Additional Solicitor General K.M. Nataraj that the custody of the lady in this is not required for investigation, the bench noted, “she is a lady of advanced age, suffering from various ailments. The ailments by themselves may not be serious enough for granting bail on medical ground. But taking cognizance of the composite effect of delay in framing charge, period of detention undergone by her, the nature of allegations against her vis-à-vis the materials available before this Court at this stage in addition to her age and medical condition, we do not think she ought to be denied the privilege of being enlarged on bail…” The bench; therefore, ordered the release of the appellant (Shoma Sen) on bail on such conditions the Special Court may consider fit and proper. It also listed certain conditions which should be included with the conditions to be highlighted by the Special Court. 

In this case, Shoma Sen (appellant) was detained in connection with the First Investigation Report registered alleging the commission of offences under Sections 153A, 505 (1b), 117 read with Section 34 of the Indian Penal Code, 1860. The complaints therein related to violence that broke out at a function organized by Elgar Parishad. The prosecution’s case was that in the said programme, provocative speeches were delivered and there were cultural performances that had the effect of creating enmity between caste groups, resulting in disruption of communal harmony, violence, and loss of life. Concerning this, Shoma Sen’s residence was raided and certain literature, electronic devices, and mobile phones were seized from her. On that date itself, the appellant came to be arrested by the State Police. The investigation was transferred to the National Investigation Agency (NIA). After filing the initial chargesheet, the appellant had preferred a bail application before the Sessions Court. The Sessions Court denied bail to Shoma Sen after applying the bail restricting provision contained in Section 43-D (5) of the 1967 Act. Thereafter, the appellant filed a regular bail application before the High Court, invoking the provisions of Section 439 of the CrPC, 1973. The learned single-judge bench of the HC directed to place the bail application before the Division bench whereas the Division bench of the HC disposed of the appellant's prayer for bail giving liberty to the appellant to approach the Trial Court for filing a fresh bail application. The matter was mentioned before the Supreme Court bench.

The Supreme Court bench said that the prosecution was not able to corroborate or even raise a hint of corroboration of the allegation that Shoma Sen funded any terrorist act or received any money for that purpose. It added that none of the materials reveal receipt of any funds by her or her direct role in raising or collecting funds. After considering these aspects, the bench said  “at this stage, cannot form an opinion that the accusation against her under Section 18-B5 of the 1967 Act is prima facie true.” It added, “Mere meeting of accused individuals or being connected with them through any medium cannot implicate one in Chapter VI offences under of the 1967 Act, in the absence of any further evidence of being associated with a terrorist organization.” After hearing the matter, the SC set aside the impugned judgment and directed that Shoma Sen should be released on bail on such conditions the Special Court may consider fit and proper.