Supreme Court Issues Notice On Bail Pleas Of Professor Shoma Sen & Jyoti Jagtap In Bhima Koregaon Case

The Supreme Court, on Thursday, issued notice in bail pleas filed by Jyoti Jagtap and Professor Shoma Sen, accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).

A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia issued notice in both the Special Leave Petitions.

Jagtap, 32, a member of Kabir Kala Manch (KKM) — a cultural group alleged to be a front organisation of the banned CPI (Maoist). She was arrested by the NIA in September, 2020. According to the NIA, Jagtap and others organised the Elgar Parishad on December 31, 2017 that led to violence the following day.

The Bombay High Court had denied bail to both Jagtap. In her bail application before the High Court, Jagtap had stated she is an artist and singer from a marginalised section and had worked with several NGOs. Moreover, neither was she absconding or named in the first charge sheet filed in the case by the Pune Police.While the case was subsequently transferred to NIA, the agency hadn't unearthed anything new against her, warranting the arrest, she argued. According to the NIA, accused Milind Teltumbde, who died last year, had discussed the Elgar Parishad event with the three Kabir Kala Manch members. It also claimed Maoist ideology was spread at the event with the help of these three and other persons. Jagtap was one of the main conspirators, alleged the agency. The NIA also accused Jagtap of undergoing arms training at the Korchi forest. Jagtap countered the NIA’s allegations by arguing that the agency hadn't produced anything on record to show she was a member of KKM, let alone anything to show she was working to further CPI (Maoist) agenda.

Sen, an English literature professor, was arrested on 6th June, 2018. She, along with five co-accused, was denied bail by Pune sessions court in November 2019. The investigation of the crime was transferred to the NIA in January, 2020. The NIA filed a supplementary chargesheet before a special NIA court against her. Sen approached the High Court for bail in October 2020.

Noting that chargesheet was filed against Sen subsequent to the Trial Court denying her bail, the Bombay High Court disposed of her bail plea granting her liberty to approach the Trial Court. The High Court observed that circumstances have changed since the trial court rejected her bail application, and it should be given the opportunity to re-consider the plea.

In her bail plea before the High Court, Sen claimed that she was falsely arrested and her implication in the present offence is with mala fide and prejudiced intent because she exposed a lot of illegal arrests and tortures. She claimed that the electronic evidence against her is of doubtful authenticity and integrity. It was also pointed out in the bail plea that Sen is a senior citizen and has several medical conditions. She is under medication for ailments such as glaucoma, hypertension, irritable bowel syndrome and advanced arthritis, etc, according to the plea. Her health has deteriorated during her prolonged incarceration and continued incarceration will aggravate her medical condition even further.

[Case Title: Jyoti Jagtap v. National Investigating Agency And Anr. Diary No. 12011/2023 and Shoma Kanti Sen v. State of Maharashtra And Anr. SLP(Crl) No. 4999/2023]

Click Here To Read/Download Order (Jyoti Jagtap)

Click Here To Read/Download Order (Shoma Kanti Sen)