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Tag: Shoma Sen

If those on bail are tracked 24/7, has their liberty really been (partially) restored?

If those on bail are tracked 24/7, has their liberty really been (partially) restored?

The Leaflet / by Gursimran Kaur Bakshi

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


Also read:
Share Gps live location with nia 24×7: Supreme Court bail conditions for Shoma Sen (Bar & Bench / April 2024)
Supreme Court grants bail to Vernon Gonsalves and Arun Ferreira, with tethers (The Leaflet / Jul 2023)

Former professor Shoma Sen released from prison

Former professor Shoma Sen released from prison

by Nihalsing / @Nihalsingrathod (April 17):
#shomasen released


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


by Indira Jaising @Ijaising (April 17)
She is finally out , Shoma Sen wit her daughter outside Byculla jail


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.


Also read:
Explained: The Shoma Sen bail judgment (The Leaflet / April 2024)

‘Pattern’ of UAPA Being Abused / You spent 10 years in jail for nothing. Who should pay for it?

‘Pattern’ of UAPA Being Abused / You spent 10 years in jail for nothing. Who should pay for it?

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

By The Quint

en | 5:12min | 2024
Watch video


The Reichstag Fire & Prof Shoma Sen

14/04/2024

Newsclick / by Prabhat Patnaik

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

Explained: The Shoma Sen bail judgment (The Leaflet / April 2024)
Can Father Stan Swamy’s PIL be the blueprint for justice to thousands of undertrials lodged under UAPA? (The Leaflet / Aug 2023)
▪ Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)

Download report
Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
A study of Undertrials in Jharkhand (Sanhati / by Bagaicha Research Team / Feb 2016)

Koel Sen: Why Are We Being Made To Suffer?

Koel Sen: Why Are We Being Made To Suffer?

Koel & Shoma (pic credits: Free Shoma Sen)

Rediff.com / by Jyoti Punwani

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


Also read:
‘Shoma Sen should have been released in October 2018’ (Rediff.com / Apr 2024)
And he waits for Shoma Sen (Midday.com / May 2022)
Part 1: ‘It is very difficult to see my mother like this’ (Rediff.com / May 2022)
Part 2: When Your Mother Is In Prison… (Rediff.com / May 2022)

Stay on bail for long period affects personal liberty and rights, feel experts / Status of the accused in BK case

Stay on bail for long period affects personal liberty and rights, feel experts / Status of the accused in BK case

Poster by #bakeryprasad

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


By @apeksha_9 (April 5):
Revolutionary Salutes to Prof. Shoma Sen! Free All the Activists wrongfully incarcerated in the Bhima Koregaon case. Repeal UAPA.

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


Thread by BehanBox / @BehanBox (Apr 5):

(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

(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


Also read:
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

PUDR: Uphold Shoma Sen’s Bail Order – Release all Bhima Koregaon detainees!

PUDR: Uphold Shoma Sen’s Bail Order – Release all Bhima Koregaon detainees!

PUDR poster campaign, 2023.

pudr.org / by PUDR

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


Also read:
PUDR welcomes the release on bail of Vernon Gonsalves and Arun Ferreira today, but protests onerous bail conditions (PUDR / Aug 2023)
Five years behind bars for five activists – Without bail, without charges being framed, without justice! (PUDR / June 2023)
Stop Denying Political Prisoners the Right to Healthcare in Jails (PUDR / Sep 2022)

Shoma Sen should have been released in 2018 / Explained: The Shoma Sen bail judgment

Shoma Sen should have been released in 2018 / Explained: The Shoma Sen bail judgment

Shoma Sen

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

BREAKING: Supreme Court grants bail to Shoma Sen / SC sets strict bail conditions

BREAKING: Supreme Court grants bail to Shoma Sen / SC sets strict bail conditions

No Ground To Believe Accusations Against Shoma Sen Are Prima Facie True: Supreme Court [read judgment]

05/04/2024

Live Law / by Gyanvi Khanna

The Court observed that the materials collected by the NIA only reveal her attempt to encourage women to join the struggle for a “new democratic revolution” and showed no attempt to commit any “terrorist act”.
While granting bail to Shoma Sen, nearly six years after her arrest in the Bhima Koregaon case, the Supreme Court on Friday (April 5) raised prima facie doubts over the tenability of the allegations against her regarding the commission of offences under the Unlawful Activities Prevention Act 1967 (UAPA).
Read more
Read/ download the judgment

BREAKING | Supreme Court Grants Bail To Shoma Sen In Bhima Koregaon Case

05/04/2024

Live Law / by Gyanvi Khanna

The Supreme Court (on April 05) granted bail to former Nagpur University professor Shoma Sen who is booked under the Unlawful Activities Prevention Act 1967 (UAPA) for alleged Maoist links in connection with the Bhima Koregaon case.
She was arrested on June 6, 2018, and has been under custody since then, awaiting trial.
Read more

Thread by Live Law / @LiveLawIndia (Apr 5):
The bail conditions that will be imposed by the Special Court will be inclusive of the following conditions:

1. Sen shall not leave the State of Maharashtra;
2. She will surrender her passport, if she possesses one with the Special Court, during her bail period;
3. She is also required to inform her residential address to the officer of the NIA;
4. She is allowed to use only one mobile number during her bail, and the same shall be informed the officer of the NIA;
5. She shall also ensure that her mobile remains active and charged around the clock;
6. During the bail period, she shall have the GPS of her mobile phone active throughout the day, and her phone will be paired with the investigating officer of the NIA;
7. She will report to the station house officer, within whose jurisdiction she will reside, once every fortnight.

In the event there is any breach of such condition or any other condition imposed by the Special Court independently, it will be open for the prosecution to seek cancellation of bail granted to Sen before the Special Court only with any reference to this (Supreme Court)


Share Gps live location with nia 24×7: Supreme Court bail conditions for Shoma Sen [read judgment]

06/04/2024

Bar & Bench / by Debayan Roy

Pertinently, another bench of the Supreme Court itself had previously raised doubts with regard to bail condition asking accused to share their real time location with the prosecuting agencies.
The Supreme Court while granting bail to the Dalit and women’s rights activist Shoma Sen in the Bhima Koregaon violence case imposed a unique set of conditions to enable access of her real time location to the National Investigation Agency (NIA) [Shoma Kanti Sen vs State of Maharashtra and Anr].
Read more
Read judgment

Supreme Court grants bail to Shoma Sen in Bhima Koregaon case

05/04/2024

Bar & Bench / by Debayan Roy

The Court passed the order after noting that the National Investigation Agency (NIA) did not oppose her bail and hence, the stringent conditions for bail under the Unlawful Activities Prevention Act would not apply.
A bench of Justices Aniruddha Bose and Augustine George Masih passed the order after noting that the National Investigation Agency (NIA) did not oppose her bail and hence, the stringent conditions for bail under the Unlawful Activities Prevention Act (UAPA) would not apply.
Read more


Allegations of terrorism against Bhima Koregaon accused Shoma Sen prima facie untrue: Supreme Court

06/04/2024

Scroll.in / by Scroll Staff

The bench remarked that no evidence had been placed before it to suggest that the former professor is a member of the banned Communist Party of India (Maoist).
The Supreme Court on Friday, while granting bail to former Nagpur University professor Shoma Sen in the Bhima Koregaon case, observed that the allegations of terrorism against her are prima facie untrue, reported Live Law.
Read more


Breaking | Supreme Court Grants Bail to Shoma Sen, in Jail for 6 Years

05/04/2024

The Wire / by The Wire Staff

An apex court bench took into account her prolonged incarceration, the delay in trial starting and the nature of the accusations.
The Supreme Court has granted bail to scholar and activist Shoma Sen who has been jailed for close to six years under the Unlawful Activities Prevention Act in the Elgar Parishad case.
Sen is based in Nagpur and was arrested on June 6, 2018 by the Pune Police. She has been in custody since then. The National Investigation Agency took over the case in the meantime. It is yet to go to trial.
Read more


Also read:
After Opposing Bail for Years, NIA Now Says it Doesn’t Need Custody of Shoma Sen (The Wire / March 2024)
“Hopefully waiting” writes Shoma Sen from prison (InSAF India / Jul 2023)

After Opposing Bail for Years, NIA Now Says it Doesn’t Need Custody of Shoma Sen

After Opposing Bail for Years, NIA Now Says it Doesn’t Need Custody of Shoma Sen

Poster campaign, June 2023

After Opposing Bail for Years, NIA Now Says it Doesn’t Need Custody of Shoma Sen

18/03/2024

The Wire / by Sukanya Shantha

Sixty-five-year-old Sen, who suffers with hypertension and arthritis among other ailments, has moved bail applications before the trial court and the apex court on several occasions. Her bail application, however, came to be rejected each time.
After keeping Shoma Sen, a former professor at Nagpur University, in prison for close to six years, the National Investigation Agency (NIA) has now stated that they no longer need her custody. The agency, having completed investigation in the Elgar Parishad case, has already filed the chargesheet. But all along, and as recently as in December 2023, the agency had vehemently opposed her bail application both in the lower court and the Supreme Court.
Read more


‘Don’t Need Shoma Sen In Custody Anymore’: NIA Tells SC; Oral Arguments In Bail Plea Concluded

16/03/2024

Live Law / by Awstika Das

In a significant development, the National Investigation Agency (NIA) made a surprising admission in the Supreme Court this week regarding former Nagpur University professor and Bhima Koregaon-accused Shoma Sen.
Read more


NIA tells SC it does not need custody of accused Shoma Sen anymore

16/03/2024

Scroll.in / by Scroll Staff

The court said it would examine the seriousness of the allegations against the former Nagpur University professor and then take a decision.
The National Investigation Agency informed the Supreme Court this week that it no longer requires the custody of former Nagpur University professor Shoma Sen, who is among those accused in the Bhima Koregaon case, Live Law reported.
Read more


Also read:
‘No Evidence Establishes UAPA Case, Links With Banned Groups’: Bhima-Koregaon Accused Shoma Sen Argues For Bail In Supreme Court (Live Law / Feb 2024)

“Hopefully waiting” writes Shoma Sen from prison (InSAF India / Jul 2023)

No Evidence Establishes UAPA Case, Links With Banned Groups’: Shoma Sen Argues For Bail In SC

No Evidence Establishes UAPA Case, Links With Banned Groups’: Shoma Sen Argues For Bail In SC

Live Law / by Awstika Das

Former Nagpur University professor and Bhima Koregaon-accused Shoma Sen defended her bail plea in the Supreme Court on Thursday by alleging a lack of evidence connecting her to the case under the Unlawful Activities (Prevention) Act, 1967, or establishing her purported links with the proscribed Communist Party of India (Maoist).
… The Supreme Court is slated to continue hearing Sen’s bail plea on Thursday, February 15.
Read more


Also read:
Shoma Sen’s Bail Hearing in SC Adjourned Yet Again, Until January 10 (NewsClick / Dec 2023)
Supreme Court quotes Watali judgment in Shoma Sen’s bail application (The Leaflet / Dec 2023)