On December 6, the Supreme Court of India heard the plea of English professor Shoma Sen, an accused in the Bhima Koregaon case, challenging a Bombay High Court order directing her to seek bail from a special National Investigation Agency (NIA) court.
The court, comprising Justices Aniruddha Bose and Augustine George Masih, indicated the need to examine whether the supplementary chargesheets introduced new allegations against professor Shoma Sen and if these were presented before the high court.
Professor Shoma Sen, represented by Advocate-on-Record Nupur Kumar, filed a special leave petition contesting the Bombay High Court’s January 17 order instructing her to pursue bail from the special court handling her case.
She has been in custody since June 2018 under the Unlawful Activities (Prevention) Act, related to the 2018 caste-based violence in Bhima Koregaon, Pune, and alleged connections with the proscribed outfit, Communist Party of India (Maoists).
The Supreme Court had issued notice in Sen’s petition in May, alongside co-accused Jyoti Jagtap’s bail plea. During the hearing, Additional Solicitor General (ASG) KM Nataraj criticized the high court’s decision, arguing that it should have assessed professor Shoma Sen’s application on its merits rather than remanding it to the trial court.
Justice Aniruddha Bose acknowledged the technical point raised by ASG KM Nataraj and emphasized the need to examine if the supplementary chargesheets contained fresh allegations against professor Shoma Sen.
Senior Advocate Anand Grover opposed the high court order, asserting that there were no new allegations in the supplementary chargesheets against professor Shoma Sen.
Senior Advocate Anand Grover argued against the order, citing the absence of changed circumstances justifying the reconsideration of Sen’s bail application.
He highlighted that two supplementary chargesheets focused on other individuals and did not implicate Sen significantly. Grover emphasized the prolonged injustice faced by Sen and questioned the need for her to repeatedly seek bail.
ASG KM Nataraj interjected, suggesting that even if there was no new material in the second chargesheet, the high court should have considered the merits.
Justice Aniruddha Bose observed that if an appellate court fails to delve into the merits and wrongly remands the matter, the Supreme Court could intervene.
Before adjourning, Senior Advocate Anand Grover invoked the Supreme Court’s ruling in KA Najeeb, supporting the right of a constitutional court to grant bail under the Unlawful Activities (Prevention) Act.
He pointed to professor Shoma Sen’s advanced age, ill health, and time spent in custody.
Senior Advocate Anand Grover also cited the Vernon Gonsalves judgment, where bail was granted to co-accused after nearly five years in custody, emphasizing that the seriousness of allegations alone should not justify prolonged detention.
The Supreme Court was scheduled to continue the hearing on December 7, but due to a change in the bench composition, it will resume on January 10.
Shoma Sen, a professor at Nagpur University, is among 16 individuals accused by the NIA in connection with the Bhima Koregaon caste violence. The case revolves around inflammatory speeches at the Elgar Parishad event, leading to clashes between Maratha and Dalit groups in Bhima Koregaon. Professor Shoma Sen was arrested in June 2018 and has faced multiple rejections of bail applications.
The NIA contends that electronic evidence supports the charges, although Senior Advocate Anand Grover argues the weak probative value of such evidence against Professor Shoma Sen.
