In a significant judgment, the Supreme Court has held that a bail condition enabling police to monitor the movement of an accused out on bail through mobile phones is illegal and violative of Article 21 of the Constitution.
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It remains to be seen whether this judgment of the Supreme Court will provide relief to the Bhima Koregaon-Elgar Parishad accused Shoma Sen, Vernon Gonsalves and Arun Ferreira, upon whom the judiciary has imposed similar bail conditions or whether this will be another case of a progressive Order in one case which is not followed by a similar Order in another case. Read more
To mark six years of the arbitrary arrests and imprisonment of political dissidents in the Bhima Koregaon case, The Polis Project is publishing a series of writings by the BK-16, and their families, friends and partners. By describing various aspects of the past six years, the series offers a glimpse into the BK-16’s lives inside prison, as well as the struggles of their loved ones outside. Each piece in the series is complemented by Arun Ferreira’s striking and evocative artwork.
BK-16 PRISON DIARIES: STORIES OF LOVE, MURDER AND CHILD MARRIAGE FROM SHOMA SEN’S YEARS IN PRISONS
16/06/2024
The Polis Project / by Shoma Sen
While we were in jail, Himanta Biswa Sarma, the chief minister of Assam, initiated a campaign (read: crackdown) against child marriage. Instead of formulating programmes to educate the community and facilitate social reforms, he used law enforcement to viciously subjugate the poor, minorities and rural residents, to superimpose modernism through fear and repression.
A large number of women living in prison had been married off between the ages of 12 and 14, and were being held for different crimes, from theft and murder to trafficking drugs and children. Read more
by Campaign Against State Repression (May 27):
6 Years Of Wrongful Incarceration In Bhima Koregaon case
JOIN Demonstration at Jantar Mantar 6 June
Release All Political Prisoners !!
Repeal UAPA !!
Repeal NIA !!
How does pairing mobile phones and using GPS trackers on persons on bail sit with settled jurisprudence and what do experts have to say on the issue?
Last month, the Supreme Court granted the former head of the department of English at Nagpur University, Professor Shoma Sen, bail in the Bhima Koregaon case under the Unlawful Activities (Prevention) Act, 1967 (UAPA). Read more
by Sushmita / @Sushmitav1 (April 17):
Prof Shoma Sen, accused in the Bhima Koregaon case, arrested in the first round of arrests in June 2018, finally gets bail. Hope truth will prevail and all accused falsely incarcerated will be released soon!
Former professor Shoma Sen released from prison
17/04/2024
Scroll.in / by Scroll Staff
On April 5, the Supreme Court had observed that the allegations of terrorism against Sen were prima facie untrue.
Former Nagpur University professor Shoma Sen was released from jail on Wednesday, days after she was granted bail by the Supreme Court in the Bhima Koregaon case. She had been in jail since June 6, 2018.
Sen’s lawyer, Indira Jaising, confirmed her release on X. Read more
Former Nagpur University professor Shoma Sen walks out of prison
17/04/2024
The Hindu / by The Hindu Bureau
On April 5, the Supreme Court had observed that the accusations of terrorism against Shoma Sen were prima facie untrue and granted her bail
The former Nagpur University professor Shoma Sen walked out from Byculla Jail on Wednesday. She was received by her daughter and a photograph of Sen’s reunion with her family was shared by lawyer, advocate Indira Jaising on X (previously Twitter) saying, “She is finally out. Shoma Sen with her daughter outside Byculla Jail.” Read more
by CPIML Liberation / @cpimlliberation (April 17):
#FreeAllPoliticalPrisoners | Shoma Sen is out of jail after more than six years of unjust incarceration. Bhima Koregaon, 2018 saw planned attack on Dalits, as they gathered to uphold fight of the oppressed castes against Brahminical hegemony, by right wing groups close to BJP. While known masterminds of the anti Dalit attacks roam free under today’s Manuvadi regime, civil rights activists face persecution under UAPA.
Elgar Parishad Case: Bail Orders Show ‘Pattern’ of UAPA Being Abused
14/04/2024
The Quint / by Rohit Khannna
The SC recently granted bail to activist Shoma Sen, stating the allegations against her were prima facie not true.
On 5 April 2024, the Supreme Court granted bail to former Nagpur University professor and activist Shoma Sen, stating that the allegations against her – of indulging in terrorist activities or working for a terror group – were prima facie “not true”, and that no case was made out against her for offences under the extremely stringent Unlawful Activities (Prevention) Act or UAPA.
Shoma Sen is among the 16 accused in the Elgar Parishad case, all of whom were arrested under the UAPA. Read more
Video: Elgar Parishad Case: Bail Orders Show ‘Pattern’ of UAPA Being Abused
There’s a striking contrast between German judiciary stance during Hitler’s time and Indian judiciary’s on the executive’s trampling upon the Constitution.
… Professor Shoma Sen of Nagpur University was granted bail on Friday, April 5, by the Supreme Court, after she had spent six years in jail as an accused in the Bhima-Koregaon case. While granting her bail, the Supreme Court said in no uncertain terms that there was no prima facie case of her being associated with any acts of terrorism or being linked to any terrorist organisation. And yet she had to spend six years of her life in jail, which raises two fundamental questions: first, shouldn’t the government be held responsible, and hence be penalised in some way, for her extremely long incarceration without any trial, and that too on non-existent grounds according to the Supreme Court itself?
And, second, what were the various courts doing all these six years, letting her languish in jail, when they were duty-bound under the Constitution to protect her fundamental rights? Read more
You spent 10 years in jail for nothing. Who should pay for it?
12/04/2024
Times of India / by Sunil Baghel
What connects three professors — from Delhi, Kolhapur and Nagpur — to 17 residents of a village in Madhya Pradesh? All of them spent time in jail as undertrials or convicts before they were either acquitted or granted bail due to lack of evidence, with the courts questioning the cases against them.
… Under the stringent UAPA — where getting bail is even harder than other criminal cases — more than 24,000 people were accused in 5,027 cases registered between 2016 and 2020.
The data revealed in response to a question in the Rajya Sabha showed that just 212 people had been convicted in these cases, and 386 were acquitted. As per the data, nearly 98% of those arrested under the law had been imprisoned for multiple years just awaiting trial or to get bail. Read more
Also watch/read:
▪ Spotlight | How UAPA is Crushing Dissent in India
The Wire’s new show, ‘Spotlight’ / by Zeeshan Kaskar
en | 15:16min | 2024
In Episode 4 of The Wire’s new show, ‘Spotlight’, we understand the UAPA, its history and how the 2019 amendment of the law has pushed India’s legal justice system on the brink. Watch video
It’s been five days since Professor Shoma Sen, accused in the Elgar Parishad case, got bail from the Supreme Court, but she hasn’t managed to step out of Byculla Jail in central Mumbai. Nor has her daughter or husband been able to speak to her even on the phone, since they had finished their phone-call quota for last week before her bail order came.
Waiting to meet her mother, Koel Sen recalled the many frustrations she has experienced in the six years since her mother was suddenly arrested in June 2018. The 36-year-old independent film-maker spoke to Jyoti Punwani about how these years changed her. Read more
Stay on bail for long period affects personal liberty and rights, feel experts
09/04/2024
The Indian Express / by Sadaf Modak
Elgaar Parishad case accused Mahesh Raut and Gautam Navlakha remain in jail for over four months since grant of bail by the Bombay High Court.
The Supreme Court on Friday granted bail to activist and Nagpur University professor Shoma Sen, arrested six years ago in the Elgaar Parishad case. Two of her co-accused Mahesh Raut and Gautam Navlakha who were granted bail six and four months ago, respectively, by the Bombay High Court, continue to remain in jail awaiting their bail hearings in the SC which has stayed their release till it hears appeals against their bail. Read more
As Shoma Sen gets bail, what is the status of other accused in Elgaar Parishad case?
05/04/2024
The Indian Express / by Sadaf Modak, Omkar Gokhale
Eight accused, including prominent activists, lawyers, and academics, have now been given bail. Two of them are yet to be released from custody. The case dates back to the beginning of 2018, but the trial is yet to commence
… Among the 16 individuals arrested in the case, one – Father Stan Swamy, an 84-year-old-priest and tribal rights activist based in Jharkhand – passed away in custody in July 2021.
Before Sen, seven other accused have been given bail. Two of these eight accused, however, are yet to be released from custody because the NIA has appealed the High Court’s bail orders in the SC. Read more
(1/5) Today the Supreme Court granted bail to women’s rights activist #ShomaSen, accused under the Unlawful Activities (Prevention) Act, in the #BhimaKoregaon violence case. #bhimakoregaon
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(5/5) 8 of the activists, namely Jyoti Jagtap, Sagar Gorkhe, Ramesh Gaichor, Mahesh Raut, Surendra Gadling, Sudhir Dhawale, Rona Wilson and Hany Babu, continue to languish in prison without trial.
Bhima Koregaon: The process continues to clot as punishment as another year passes by
01/01/2024
The Leaflet / Arif Ayaz Parrey, Sarah Thanawala
Many of the accused in the Bhima Koregaon–Elgar Parishad case have now spent one more year incarcerated without a trial. A far cry from the verbiage of high judicial officials that even a day’s denial of liberty is too much.
… Here is a recap of the major developments in the case this year, of bail applications granted, stayed and pending; the consistent pleas for the National Investigation Agency (NIA) to comply with the Code of Criminal Procedure (CrPC), 1973; and the courts heeding to medical conditions-related pleas of the accused. Read more
PUDR expresses relief at the Supreme Court’s granting of bail to Prof. Shoma Sen on April 5, after nearly six long years of pre-trial incarceration. Charged under the Unlawful Activities (Prevention) Act in the infamous Bhima Koregaon (BK) conspiracy case, Shoma Sen is the fourth accused to be released on ‘bail on merits’ by the Supreme Court, after Anand Teltumbde, Vernon Gonsalves, and Arun Ferreira. Read full statement
Explained: The Shoma Sen bail judgment [read judgement]
08/04/2024
The Leaflet / by The Leaflet
The arguments, counter-arguments, and the many, many injustices and tethers of the judgment of the Supreme Court granting bail to former Nagpur University and women’s rights activist Shoma Sen, who spent six years in jail without a trial. Read more Read judgement
‘Shoma Sen should have been released in October 2018’
09/04/2024
Rediff.com / by Jyoti Punwani
‘Shoma didn’t have the luxury of time. She was already suffering from so many ailments.’ Professor Shoma Sen, among the first to be arrested in the Elgar Parishad case, got bail on April 5, after spending almost 6 six years in jail. Advocate Susan Abraham explains to Jyoti Punwani why the Nagpur professor should have been out more than 5 years ago.
The question everyone’s asking is: If the Supreme Court has found no prima facie evidence against Shoma Sen, why did it take so long for her to get bail? Read more