Long Incarceration Justifies Bail Despite Stringent Provisions Under UAPA: Supreme Court Grants Bail to Shoma Kanti Sen in Elgar Parishad Case

In a significant judgment, the Supreme Court of India, comprising Justices Aniruddha Bose and Augustine George Masih, granted bail to Shoma Kanti Sen, a senior citizen implicated in offenses under the UAPA and IPC. The court emphasized that Sen’s prolonged detention of nearly six years without charge framing, combined with her age and health issues, warranted bail notwithstanding the serious allegations under UAPA. The ruling, delivered on April 5^th, 2024, underscores the court’s recognition of long incarceration as a valid ground for bail, in alignment with the Constitutional mandate under Article 21.

The apex court scrutinized the nature of allegations and evidence against Sen under various sections of the UAPA, finding no prima facie case warranting stringent bail restrictions under the Act. The court noted that mere association with accused individuals does not constitute proof of involvement in terrorist activities.

Sen was implicated following the Elgar Parishad event, accused of conspiring to overthrow the state and disrupt communal harmony. The case involved a wide array of charges under the IPC and UAPA, with the primary allegations relating to Sen’s association with CPI (Maoist), a banned terrorist organization, and her alleged involvement in raising funds and recruiting members for terrorist activities.

Association with CPI (Maoist): The court found no direct evidence of Sen’s involvement in terrorist activities or her membership in CPI (Maoist).

Alleged Involvement in Terrorist Activities: The court noted that mere attendance in meetings and promoting ideologies does not prima facie establish a case for terrorist activities under UAPA.

Fundraising Allegations: The evidence presented failed to corroborate any direct role of Sen in raising or receiving funds for terrorist purposes.

The Supreme Court set aside the High Court’s judgment and granted bail to Shoma Kanti Sen. The bail was subject to several conditions, including restrictions on travel and regular reporting to the local police station. The court warned that any violation might lead to bail cancellation.

Date of Decision: April 5, 2024

Shoma Kanti Sen versus The State of Maharashtra & Anr.