Skip to main content

Bail to Shoma Sen suggests 'fabricated nature' of Bhima Koregaon conspiracy: PUDR

By Joseph Mathai, Paramjeet Singh* 

The People’s Union For Democratic Rights (PUDR) has expressed 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.  
Extending the line of reasoning pursued in the granting of bail to other co-accused, the Court ruled that on perusal of the material brought before it, there was no prima facie evidence against Sen for commission or attempt to commit any terrorist act, for lending support to terrorist funding, or for membership of a banned organization (paras 30, 31, 33). 
Two others, Gautam Navlakha and Mahesh Raut, had also been granted bail on merits by the Bombay High Court which similarly ruled that despite the voluminous nature of the charge sheet, which runs into 20,000 pages, there wasn’t sufficient evidence to suggest their prima facie involvement in any terrorist activities. 
Significantly, the three Arsenal reports which unraveled the planting of evidence through malware in the electronic devices of the accused, and leaked databases which showed Pegasus spyware attack on the phone numbers of eight BK accused, and finally a series of bail orders on merits which reiterate that there is no evidentiary basis to the charges framed against the accused, point to the fabricated nature of the conspiracy. 
The reliefs, however, have been few and far in between as bail has been granted to only some after years of custody. Besides the continuing custody of several others who have been implicated in this case, it cannot be forgotten that the octogenarian Stan Swamy died for want of proper medical treatment as a pre-trial detainee.
In a scenario where cases of UAPA are registered routinely and the pendency rate of disposal of cases is increasingly high -- 1,005 new cases registered in 2022, 80% pendency rate of police disposal and 89% pendency rate of court disposal, as per the latest NCRB statistics -- the current judgment granting bail to Shoma Sen makes two important points. 
Relief from custody cannot be replaced by another regime of discriminatory restrictions which compromise fundamental liberties
First, it reiterates that courts have an obligation to guarantee constitutional protections to the accused. The delay in framing of charges and trial, and consequent period of pre-trial detention are grounds that courts cannot ignore. 
Second, it specifies that for an offence of terrorist activity under UAPA, there must be cogent material to connect the accused to acts committed with the intent to strike terror in people, individually or via terrorist associations. Mere meeting with “accused individuals or being connected with them through any medium” cannot be read as an offence under UAPA (para 35). This is an important reminder to the executive entrusted with the use of law.
At present, six of the BK accused have been released on bail while nine others continue to be in custody since the first round of arrests carried out in June 2018. Of these, the release of Gautam Navlakha and Mahesh Raut was stayed in spite the grant of bail by Bombay HC till such time as the NIA's appeal against the grant is disposed of by the Supreme Court. Raut was granted bail on 21 September 2023 and Navlakha on 19 December 2023. 
PUDR reiterated that while relief has come to Shoma Sen after inordinate delay, the bail appeals of the co-accused must be heard urgently, and that their petitions must be placed on par with those who have been released on bail.
PUDR urged the apex court to also deliberate on the conditions of bail which come at the cost of serious breach of liberty of movement and privacy, evident in the severe restrictions and personal surveillance imposed in the bail orders of Vernon Gonsalves, Arun Ferreira, and now in Shoma Sen’s. It needs to be reiterated that relief from custody cannot be replaced by another regime of discriminatory restrictions which compromise fundamental liberties.
---
Secretaries, PUDR

Comments

TRENDING

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra*   It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Women's rights leaders told to negotiate with Muslimness, as India's donor agencies shun the word Muslim

By A Representative Former vice-president Hamid Ansari has sharply criticized donor agencies engaged in nongovernmental development work, saying that they seek to "help out" marginalizes communities with their funds, but shy away from naming Muslims as the target group, something, he insisted, needs to change. Speaking at a book release function in Delhi, he said, since large sections of Muslims are poor, they need political as also social outreach.

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit. 

Gujarat Bitcoin scam worth Rs 5,000 crore "linked" with BJP leaders: Need for Supreme Court monitored probe

By Shaktisinh Gohil* BJP hit a jackpot in the form of demonetisation, which it used as an alibi to convert black money into white in Gujarat. Even as party scrambles for answers of how the Ahmedabad District Cooperative Bank (ADCB), whose director is BJP president Amit Shah, received old currency worth Rs 745.58 crore in just five days, and how Rs 3118.51 crore was deposited in 11 district cooperative banks linked with Gujarat BJP leaders, a new mega Bitcoin scam, worth more than Rs 5,000 crore has been unraveled.