A retrospective glance at 2023: Have courts effectively safeguarded the diminishing right to liberty for Indian citizens?
“The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system”
Justices Sanjay Kishan Kaul and MM Sundaresh, Supreme Court July 11, 2022
India follows a reformative form of justice system. Our criminal system is founded on the belief of not curtailing the rights of a prisoner and under trial. The system, thus far, also empowers constitutional courts to protect the fundamental rights guaranteed to every citizen of our country. Read more
Shoma Sen’s Bail Hearing in SC Adjourned Yet Again, Until January 10
07/12/2023
Newsclick / by Newsclick Report
Sen is an accused in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case along with 14 other activists and academics, and is charged under the Unlawful Activities (Prevention) (UAPA) Act.
The Supreme Court adjourned English professor Shoma Sen’s bail hearing in the Bhima Koregaon case until January 10, indicating that it would have to examine if any fresh allegations were levelled against her in the supplementary chargesheets. Read more
Supreme Court Adjourns UAPA Accused Shoma Sen’s Bail Hearing Until January 10
07/12/2023
Live Law / by Awstika Das
‘Were Fresh Allegations Made In Supplementary Chargesheets And Did The High Court Consider Them?’ Supreme Court Asks During Shoma Sen’s Bail Hearing
The Supreme Court on Wednesday (December 6), while hearing English professor and Bhima Koregaon-accused Shoma Sen’s plea against a Bombay High Court order asking her to approach a special National Investigation Agency (NIA) for bail, indicated that it would have to examine whether the supplementary chargesheets filed in the case levelled any fresh allegations against her and these were brought on record before the high court. Read more
Supreme Court quotes Watali judgment in Shoma Sen’s bail application
06/12/2023
The Leaflet / by Gurismran Kaur Bakshi
Shoma Sen has been incarcerated for five-and-a-half years and her bail plea has been pending before the Supreme Court for nearly six months.
“[DO] I have to run from court to court just for bail? That cannot be by virtue of Article 21. It has been five-and-a-half years,” decried senior advocate Anand Grover, appearing for women’s rights activist and academic Shoma Sen in a bail plea.
Today, the Supreme Court division Bench comprising Justices Aniruddha Bose and Augustine George Masih partly heard a regular bail application of Sen. Read more
Live Thread by Live Law / @LiveLawIndia (Dec 6)
#SupremeCourt to hear interim medical bail plea of English professor and Bhima Koregaon-accused Shoma Sen on grounds of her deteriorating health. …
Bench adjourns hearing until tomorrow.
Bose J: Tomorrow, first item.
Live Thread by Bar & Bench / @lawbarandbench (Dec 6)
Supreme Court hearing bail plea of Prof Shoma Sen, an accused in the Bhima Koregaon violence case.
ASG KM Nataraj: HC did not have chance to examine on merits, did not look at all the evidence.
Sr Adv Anand Grover for Sen: Her plea is pending in SC for 6 months. We have shown everything to SC and HC.
Justice Aniruddha Bose: Technical point Mr Nataraj is correct. …
Justice Bose: We will continue tomorrow. Keep it part-heard.
Nagpur: Communist Party of India (CPI) general secretary D Raja unleashed an attack on the Centre over its handling of the Elgar Parishad case. “How long would professors and intellectuals be kept behind bars?“ Read more
Fearing grant of medical bail to Shoma Sen, NIA pleads fast-tracking of hearing of regular bail
30/11/2023
The Leaflet / by Sarah Thanawala
In a departure from what has become an unfortunate practice of the National Investigation Agency (NIA) in bail matters, of seeking long adjournments from courts for various reasons, as soon as the Bench expressed an inclination to grant Shoma Sen medical bail, NIA counsel Additional Solicitor General K.M. Nataraj said he is ready to argue the matter of the regular bail as soon as next Tuesday.
On Thursday, the Supreme Court allowed the National Investigation Agency (NIA) to argue against the regular bail plea filed by women’s rights activist and academic Shoma Sen on Wednesday, December 6. Read more
Supreme Court adjourned Shoma Sen’s bail plea yet again
28/11/2023
The Leaflet / by Sarah Thanawala
In what has become an unfortunate repetition, a division Bench of the Supreme Court comprising Justices Aniruddha Bose and Augustine George Masih today adjourned the hearing of the bail plea by Shoma Sen once more.
On Thursday, the Supreme Court adjourned the hearing of the bail plea filed by women rights activist and academic Shoma Sen once again.
A division Bench of the Supreme Court comprising Justices Aniruddha Bose and Augustine George Masih allowed the adjournment sought by the National Investigation Agency (NIA). Read more
Senior advocate Anand Grover, appearing on behalf of Shoma Sen, emphasised that Sen has been lodged in jail for five and a half years without trial and the bail hearing before the Supreme Court has been pending for five and a half months.
On Thursday, the Supreme Court adjourned the hearing of the bail plea filed by women rights activist and academic Shoma Sen. Read more
It had said that it will proceed to hear both the applications seeking interim bail and the Special Leave Petition together on the next date of listing.
The Supreme Court on Wednesday adjourned, to November 24, the hearing of an interim bail application filed by Professor Shoma K Sen, an accused in the Bhima Koregaon case. Read more
Since Evidence Tampering Not Ruled Out, Accused Want Chargesheets Quashed
19/10/2023
The Wire / by The Wire Staff
Shoma Sen and Rona Wilson petitioned the Bombay high court alleging that norms were violated in searching and seizing electronic documents from them.
Shoma Sen and Rona Wilson, named as accused in the Elgar Parishad case, have alleged in their petition before the Bombay high court that the prosecution violated the Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Information Technology Act, 2000 in searching and seizing allegedly incriminating electronic documents from them.
They urged the division Bench of Justice A.S. Gadkari and Justice Sharmila U. Deshmukh on Monday, October 17, to quash the chargesheets against them. Read more
Bombay High Court hears petition seeking quashing of chargesheets against Shoma Sen and Rona Wilson
17/10/2023
The Leaflet / by Sarah Thanawala
Senior advocate Anand Grover, appearing on behalf of Sen and Wilson, argued that the prosecution violated principles of Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Information Technology Act, 2000 in searching and seizing allegedly incriminating electronic documents.
On Monday, the Bombay High Court heard pleas by women’s rights activist and academic Shoma Sen, and activist and researcher Rona Wilson for quashing chargesheets filed against them.
… The matter is posted for further hearing on October 23. Read more
Lawyer Raises Concerns Over Security Of Devices Seized In Bhima Koregaon Investigation: Report
17/10/2023
MediaNama / by Aarathi Ganesan
Lawyer Anand Grover argued that simply sealing electronic devices upon seizure did not ensure that the data within had been secured. He also noted that electronic devices could be easily tampered with, without any indication.
The electronic evidence recovered from activists Shoma Sen and Rona Wilson in the Bhima Koregaon investigation was improperly secured upon seizure, advocate Anand Grover alleged before the Bombay High Court yesterday, The Leaflet reported. Read more
A Bench comprising Justices Aniruddha Bose and Bela M Trivedi posted the matter for hearing after a period of four weeks and allowed the petitioner to file a rejoinder to the counter-affidavit filed by the NIA.
The Supreme Court on Wednesday deferred the hearing on a bail plea filed by Professor Shoma K Sen, an accused in the Bhima Koregaon case. Read more
The Bhima Koregaon–Elgar Parishad ‘Maoist’ conspiracy case is a grand experiment with truth where the State is daring the people to stand up for justice.
‘TRUTH or dare’ is a mostly verbal party game requiring two or more players. Players are given the choice between answering a question truthfully, or performing a ‘dare’. The premise is simple: Players take turns asking one another ‘truth or dare?’ If they choose truth, they have to answer a question of the asker’s choosing. If they choose dare, the asker dares them to do something rather than make a confession.
Suppose the State were to subject its citizens to a macabre version of this game by cooking up a conspiracy case and locking up people behind bars. Then tell them that in order to win their freedom, they have to choose the ‘truth’ of the conspiracy or the ‘dare’ to dissent.
This is the absurd logic that plays out when you try to make sense of the Bhima Koregaon conspiracy case. Read more
Supreme Court Agrees To Hear Shoma Sen’s Plea For Interim Bail On Medical Grounds
23/08/2023
Live Law / by Awstika Das
The Supreme Court on Wednesday agreed to hear an interim bail application filed by English professor and Bhima Koregaon-accused Shoma Sen on grounds of her deteriorating health.
A bench of Justices Aniruddha Bose and SVN Bhatti was hearing a petition challenging a January 17 order of the Bombay High Court, by which it directed Sen to approach the special court trying her case, for bail. Read more
Supreme Court seeks NIA reply on interim bail for Elgar Parishad accused activist
23/08/2023
Hindustan Times / by Abraham Thomas
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. Read more
