The investigation into the case has involved several activists and academics.

New Delhi:

Former Nagpur University professor Shoma Sen, jailed since his arrest in 2018 under the stringent anti-terrorism law Unlawful Activities Prevention Act (UAPA) in connection with the Elgar Parishad case, was granted access today Supreme Court bail. A bench of Justices Aniruddha Bose and Augustine George Masih delivered the verdict, taking into account various factors including Ms Sen’s age, health, the lengthy detention, the delay in starting the trial and the nature of the charges against her.

The judge clarified that the restrictions outlined in Section 43D(5) of the UAPA, which would normally make bail difficult, did not apply in Ms Sen’s case. Taking into account her 66-year-old age and health problems, the court imposed several conditions on her release.

As directed by the court, Ms. Sen must report to a police station officer in the jurisdiction of her place of residence once every two weeks or every 14 days. Furthermore, she will not be allowed to leave Maharashtra without the approval of the special court and will have to surrender her passport. Ms Sen is also obliged to inform the counter-terrorism agency NIA of her place of residence and keep her mobile phone fully charged and ensure her GPS remains activated and connected to the NIA officer’s mobile phone for location tracking.

The top court said any violation of these conditions would lead to cancellation of her bail but such plea would have to be made before the special court with reference to the apex court’s order.

Ms. Sen was arrested on June 6, 2018 for her alleged involvement in the Bhima Koregaon violence case, particularly her alleged links with the CPI (Maoist). The incident led to her detention under UAPA, a law aimed at combating illegal activities deemed to threaten India’s sovereignty and integrity.

The case against Ms Sen and several others revolves around a speech delivered at the Elgar Parishad conclave at Shaniwarwada in Pune on December 31, 2017. Authorities claimed the speeches incited violence the next day near the Bima-Koregaon War Memorial and accused Maoists of support.

The investigation into the case, which involves several activists and academics, has been handed over to the National Intelligence Agency from the Pune police.

Ms Sen is the sixth of 16 defendants to be released on bail in the case. Sudha Bharadwaj was granted default bail in 2021, while Anand Teltumbde, Vernon Gonsalves and Arun Ferreira were granted bail in 2022 and 2023. Varavara Rao was granted bail on medical grounds while Gautam Navlakha was placed under house arrest by the Supreme Court due to health issues.

The Bombay High Court granted bail to Navlakar and Mahesh Raut, but the rulings were stayed by the same court and later upheld by the Supreme Court. Another defendant, Father Stan Swamy, died in custody in July 2021.