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Supreme Court seeks NIA reply on interim bail for Elgar Parishad accused activist
A bench of justices Aniruddha Bose and SVN Bhatti issued notice on the application by Shoma Sen and directed NIA to submit its response by October 4, the next date of hearing
The Supreme Court on Wednesday sought the response of the National Investigation Agency (NIA) on a plea filed by activist Shoma Sen, an accused in the Elgar Parishad-Maoist links case, seeking interim bail on account of her deteriorating health.
Sen (64), was arrested in June 2018 and is currently lodged at Byculla jail in connection with her role in the 2018 Bhima Koregaon violence.
The case relates to alleged inflammatory speeches delivered at the Elgar Parishad conclave, held at Shaniwarwada in Pune on December 31, 2017, which police claimed triggered violence near the Koregaon-Bhima war memorial in the district the next day. Pune police claimed the conclave was backed by Maoists.
Also Read: Elgar Parishad case: Court refuses bail to two activists
A bench of justices Aniruddha Bose and SVN Bhatti issued notice on the application by Sen and directed NIA to submit its response by October 4, the next date of hearing.
Senior advocate Anand Grover appearing for Sen said, “She is suffering from multiple ailments. There is no reason for her to be in jail. Others who have got bail, their case is egregious. She is inside for over five years and there is no sight of trial beginning in the next five years.”
Sen had approached the top court after the Bombay high court turned down her bail plea on January 17.
The high court noted that the trial court had not considered the evidence against her as she had directly moved the high court for bail against a common order passed by the special NIA court against other co-accused.
The HC order allowed her to approach the trial court again for bail.
The top court asked Grover, “You were given liberty to approach the trial court,” to which he responded, “When facts are same, why should high court not have considered my bail.”
He informed the Court that the accused is suffering from osteoporosis with degeneration of both her knees and is also from regular loose motions due to a diagnosed condition of irritable bowel syndrome for which she needs to be treated at a facility other than the government hospital.
The application filed through advocate Nupur Kumar said, “The undertrial has a right to health under the right to life guaranteed by Article 21 of the Constitution of India... this court is beseeched to direct the release of the undertrial on interim medical bail in view of her health condition and advanced age of the applicant.”
The NIA filed an affidavit before the top court on Tuesday detailing Sen’s role in the entire conspiracy.
The agency said that the petitioner was not only possessing Naxal material but took an active part in the unlawful activities of CPI(Maoist). Investigations revealed that she was a member of several organisations that received funds from the banned outfit and deleted incriminating material from her electronic devices on directions of the co-accused and senior members of CPI(Maoist), the NIA stated.
