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Bhima Koregaon: NIA Court rejects medical bail to Shoma Sen

She was arrested in June 2018, and has been in jail since then, with no relief

Sabrangindia 22 Sep 2021

NIAImage Courtesy:livelaw.in

The Special NIA court’s Judge DE Kothalikar has dismissed the bail plea of former Professor and women’s rights activist Shoma Sen. In a plea filed through her lawyers, Sen submitted that she suffers from hypertension, blood pressure and other ailments that makes her vulnerable to Covid-19.

However, the court rejected this argument and said that the prison authorities can provide medical care if necessary. LiveLaw quoted the court saying, “The prison authority shall observe medical protocol and provide appropriate medical aid to the applicant (Sen) if required.”

The Special Public Prosecutor, Prakash Shetty, argued that similar pleas filed by other accused persons have been rejected and that Covid-19 cannot be used as a ground for release anymore. In August, the court had rejected the pleas filed by Anand Teltumbde and Gautam Navlakha for bail citing old age and the possibility of contracting Covid-19.

Further, as per media reports, the court has also rejected the applications filed by co-accused Sudha Bharadwaj, Hany Babu and Gautam Navlakha for a copy of the draft charges filed by National Investigation Agency (NIA) that has reportedly submitted a list of seventeen draft (proposed) charges against the 15 accused, including the serious charge of waging a war against the country, which is punishable with death or imprisonment for life (section 121 of the Indian Penal Code).

Sen and co-accused Rona Wilson had moved the Bombay high court alleging tampering and planting of evidence in light of the reports published by the American cyber forensic firm Arsenal Consulting, and seeking that the charges against them be quashed. They have urged the court to consider their prayer of an inquiry by a Special Investigation Team (SIT) into the possible planting of evidence.

Their pleas were admitted by the high court and have not been listed for hearing since July this year.

Status of other co-accused in the case

Rona Wilson is currently out on interim bail following his father’s demise and will surrender on September 30. According to an IE report, the court allowed his application seeking an extension of his temporary bail by three days since he was released late from Taloja jail.

On August 4, the Bombay high court reserved its judgment on the plea filed by lawyer-activist Sudha Bharadwaj seeking default bail. She had argued before the high court that in November 2018, the order authorising the charge sheet and her extension was illegal, as the judge who signed the orders exceeded his jurisdiction. She had submitted that only a special judge under the National Investigation Agency (NIA) Act could have heard the same as she was booked under a scheduled offence under the Unlawful Activities (Prevention) Act.

Gautam Navlakha has moved high court for house arrest after developing a lump in his chest that needs medical attention. On September 2, the court was informed by the government that he would be taken to the Tata Cancer Hospital, Kharghar on September 3. His matter will now come up for hearing on September 27, where the court will examine the affidavit filed by the NIA and the Maharashtra government.

Professor Anand Teltumbde, whose bail plea was dismissed in July this year, has moved the high court for reportedly quashing the terminology “and all its formations and front organizations”, attached to the banned CPI (Maoist) organisation in the first schedule of UAPA. In a significant move, he has also asked the court to examine section 43D (5) of the act that makes it impossible for an accused to get bail.

Related:

Bhima Koregaon: Gautam Navlakha moves Bombay HC for house arrest citing lump in chest
Mumbai court rejects bail pleas of Anand Teltumbde, Gautam Navlakha
Bhima Koregaon case: NIA files draft charges under UAPA, sedition & conspiracy against 15 accused
Why was Dr. Anand Teltumbde denied bail by the NIA court?

Bhima Koregaon: NIA Court rejects medical bail to Shoma Sen

She was arrested in June 2018, and has been in jail since then, with no relief

NIAImage Courtesy:livelaw.in

The Special NIA court’s Judge DE Kothalikar has dismissed the bail plea of former Professor and women’s rights activist Shoma Sen. In a plea filed through her lawyers, Sen submitted that she suffers from hypertension, blood pressure and other ailments that makes her vulnerable to Covid-19.

However, the court rejected this argument and said that the prison authorities can provide medical care if necessary. LiveLaw quoted the court saying, “The prison authority shall observe medical protocol and provide appropriate medical aid to the applicant (Sen) if required.”

The Special Public Prosecutor, Prakash Shetty, argued that similar pleas filed by other accused persons have been rejected and that Covid-19 cannot be used as a ground for release anymore. In August, the court had rejected the pleas filed by Anand Teltumbde and Gautam Navlakha for bail citing old age and the possibility of contracting Covid-19.

Further, as per media reports, the court has also rejected the applications filed by co-accused Sudha Bharadwaj, Hany Babu and Gautam Navlakha for a copy of the draft charges filed by National Investigation Agency (NIA) that has reportedly submitted a list of seventeen draft (proposed) charges against the 15 accused, including the serious charge of waging a war against the country, which is punishable with death or imprisonment for life (section 121 of the Indian Penal Code).

Sen and co-accused Rona Wilson had moved the Bombay high court alleging tampering and planting of evidence in light of the reports published by the American cyber forensic firm Arsenal Consulting, and seeking that the charges against them be quashed. They have urged the court to consider their prayer of an inquiry by a Special Investigation Team (SIT) into the possible planting of evidence.

Their pleas were admitted by the high court and have not been listed for hearing since July this year.

Status of other co-accused in the case

Rona Wilson is currently out on interim bail following his father’s demise and will surrender on September 30. According to an IE report, the court allowed his application seeking an extension of his temporary bail by three days since he was released late from Taloja jail.

On August 4, the Bombay high court reserved its judgment on the plea filed by lawyer-activist Sudha Bharadwaj seeking default bail. She had argued before the high court that in November 2018, the order authorising the charge sheet and her extension was illegal, as the judge who signed the orders exceeded his jurisdiction. She had submitted that only a special judge under the National Investigation Agency (NIA) Act could have heard the same as she was booked under a scheduled offence under the Unlawful Activities (Prevention) Act.

Gautam Navlakha has moved high court for house arrest after developing a lump in his chest that needs medical attention. On September 2, the court was informed by the government that he would be taken to the Tata Cancer Hospital, Kharghar on September 3. His matter will now come up for hearing on September 27, where the court will examine the affidavit filed by the NIA and the Maharashtra government.

Professor Anand Teltumbde, whose bail plea was dismissed in July this year, has moved the high court for reportedly quashing the terminology “and all its formations and front organizations”, attached to the banned CPI (Maoist) organisation in the first schedule of UAPA. In a significant move, he has also asked the court to examine section 43D (5) of the act that makes it impossible for an accused to get bail.

Related:

Bhima Koregaon: Gautam Navlakha moves Bombay HC for house arrest citing lump in chest
Mumbai court rejects bail pleas of Anand Teltumbde, Gautam Navlakha
Bhima Koregaon case: NIA files draft charges under UAPA, sedition & conspiracy against 15 accused
Why was Dr. Anand Teltumbde denied bail by the NIA court?

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