Mumbai: The National Investigation Agency (NIA) made a surprising admission this week in the Supreme Court regarding former Nagpur University professor and Bhima Koregaon accused Shoma Sen.
Represented by Additional Solicitor General KM Nataraj, the agency conceded that they no longer need Sen’s custody. This came after a bench of Justices Aniruddha Bose and Augustine George Masih questioned the necessity of her prolonged detention, reported Live Law.
This week, the division bench conducted the oral arguments in a special leave petition filed by Sen, contesting a January 2023 Bombay High Court order directing her to seek bail from the special court overseeing her case.
Sen has been incarcerated since June 2018 under the Unlawful Activities (Prevention) Act, following her arrest in connection with the 2018 Bhima Koregaon caste-based violence that broke out in Pune and alleged links with the CPI (Maoists).
The Supreme Court heard Additional Solicitor General Nataraj’s opposition to bail and Senior Advocate Anand Grover’s counter argument this week.
During a pivotal exchange, Justice Aniruddha Bose questioned the necessity of Sen’s custody without Section 43D(5). ASG Nataraj conceded that custody might not be required in many cases but cited the severity of the offenses and legal obligations. He later informed the court that the NIA didn’t require custody.