The Supreme Court bench comprising Justice Aniruddha Bode and Justice Sanjay Kumar, have directed women rights activist and academic Shoma Sen to file an additional affidavit on her deteriorating health within two weeks.
Shoma Sen who has been accused in the Bhima Koregaon–Elgar Parishad Maoist links .
She has been charged under the Unlawful Activities (Prevention) (UAPA) Act along with 14 other activists and academics.
She has been been incarcerated as an undertrial since June 6, 2018, and is lodged at the Byculla jail in Mumbai.
The Bombay High Court, earlier this year in January refused to examine the additional sessions judge of Pune had rejected Sen’s bail application and asked her to approach a special court under the National Investigation Agency (NIA) Act, 2008 for bail.
This was done by the court keeping in mind the that the investigation was transferred to the NIA in the case.
The petition by Sen before the Supreme Court highlights a substantial question of law for determination: whether the high court was correct in its refusal to examine the trial court’s Order on the ground that during the pendency of Sen’s application before the high court, the investigation was transferred to the NIA.
During the previous hearing on May 4, the Supreme Court Bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia had issued notices to the NIA and the Maharashtra government in the bail pleas by Shoma Sen.
The NIA was represented by Additional Solicitor General S.V. Raju,who submitted that the high court has directed the matter to be heard again by the trial court and contended that the trial court will finish hearing the matter soon.
To this contention, senior advocate Anand Grover, representing Sen, argued that the bail plea seeks to challenge the Order of the high court. He averred that with the delay of one year in hearing matters, bail applications have been pending in the high court for three years. He urged the Bench to allow him to argue the matter.
Grover sought to file an additional affidavit highlighting Sen’s deteriorating health. The Bench allowed Grover to file the additional affidavit within a period of two weeks. It also directed the respondents to file the reply affidavit within the same period.
The matter is posted for further hearing within five weeks.