News Analysis India

Tag: Shoma Sen

  • Elgar case: Court rejects medical bail plea of Shoma Sen

    By PTI

    MUMBAI: A special NIA court here on Tuesday rejected an application filed by academician Shoma Sen, an accused in the Elgar Parishad-Maoist links case, seeking interim medical bail.

    Judge D E Kothalikar rejected 61-year-old Sen’s plea.

    Her application had cited her age and claimed that she suffered from multiple ailments including osteoarthritis, glaucoma and high blood pressure which could make her vulnerable to COVID-19.

    Sen was arrested in 2018 and is lodged in the Byculla women’s prison here since then.

    The court on Tuesday also extended till September 30 the interim bail granted to co-accused Rona Wilson.

    Wilson was granted bail to attend a mass arranged following his father’s death.

    Sen, Wilson and some other activists were arrested following the Elgar Parishad conclave held at Pune on December 31, 2017.

    According to Pune Police, the conclave was backed by Maoists, and `inflammatory’ speeches made there led to violence at Koregaon- Bhima war memorial the next day.

  • No link between Elgar Parishad and Koregoan Bhima violence: Two accused to Bombay HC

    By PTI
    MUMBAI: Activists Rona Wilson and Shoma Sen, arrested in connection with the Elgar Parishad-Maoist links case, told the Bombay High Court on Monday that there was no connection between the Elgar Parishad event held on December 31, 3017 and the Koregaon Bhima violence that took place a day after.

    Their counsels, senior advocates Indira Jaising and Anand Grover, further told HC that the FIR against the activists had been registered in the aftermath of the Koregaon Bhima incident, which pertained to rioting and violence, and not to any terrorist activity.

    There was no legal ground for the activists to have been charged under the stringent Unlawful Activities Prevention Act (UAPA), the counsels told a bench of Justices SS Shinde and NJ Jamadar.

    Advocate Jaising also raised questions on the authenticity and legal admissibility of the electronic evidence the National Investigating Agency (NIA) claimed to have recovered from Wilson’s computer, and from the electronic devices of the other accused in the case.

    She said the HC must direct an investigation into the alleged tampering of legal evidence. The bench was hearing pleas filed by Wilson and Sen challenging their prosecution under UAPA and seeking that all charges against them in the case be quashed.

    In their pleas filed in HC in April this year, Wilson and Sen said the case against them was based on forged and hearsay evidence that was planted on devices allegedly belonging to co-accused Wilson. The activists cited the report of a US digital forensic firm which claimed an incriminating letter and other material had been planted on the computers of Wilson and several of his co-accused in the case.

    On Monday, the advocates for the accused told HC that the Elgar Parishad event and the one at Koregoan Bhima took place at a distance of 7 kilometres, and two separate FIRs were registered for the two incidents.

    The Maharashtra government had said in the Supreme Court that Hindutva leader Milind Ekbote and some others were responsible for the Koregoan Bhima violence, Jaising said. “My submission is that there is no connection between the Parishad event and the violence which took place. The complaint in this case (Elgar Parishad) was made eight days later. When Milind Ekbote approached Supreme Court for anticipatory bail, the Maharashtra government submitted in an affidavit that he is responsible for the attack and hence his pre-arrest bail was rejected,” Jaising told HC.

    “Then they changed and said that these people (the activists and their co-accused) are responsible. Can these two narratives stand?” she said.

    Jaising further said the petitioners had been in prison as undertrials for three years, with no bail, and with no idea when the trial was likely to begin. “You can prosecute me for the violence, but where does UAPA come in? Where is the allegation of sovereignty and integrity of India? Every riot is not an offence under UAPA. This is a case of selective prosecution,” she said.

    On the issues raised on the credibility of the electronic evidence cited by the NIA, the HC said the same would be considered by the special court at the time of trial.

    Grover and Jaising, however, said irrespective of what the trial court held, the HC must consider what constituted legal electronic evidence and what did not. HC will continue hearing the pleas on August 4. The same HC bench reserved its verdict on the temporary bail plea filed by lawyer Surendra Gadling, another accused in the Elgar-Parishad case.

  • Elgar case: HC seeks Uddhav government’s reply on pleas of Rona Wilson, Shoma Sen

    By PTI
    MUMBAI: The Bombay High Court on Tuesday directed the Maharashtra government to file its replies to petitions filed by activists Rona Wilson and Shoma Sen, seeking quashing of charges against them in the Elgar Parishad-Maoist links case.

    A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.

    Wilson and Sen filed their pleas in the HC earlier this year, citing the report of US-based firm Arsenal Consulting which claimed electronic evidence had been planted on Wilson’s computer.

    The petitioners claimed such tampering of evidence had been done to frame Wilson and his co-accused in the case.

    Last week, the National Investigation Agency (NIA) filed its reply to Wilson’s plea and disputed the US firm’s report.

    The probe agency said it was refuting the allegations and claims made in the report, and urged the HC to dismiss Wilson’s plea.

    On Tuesday, Additional Solicitor General Anil Singh, who appeared for the NIA, sought additional time to file a reply to Sen’s plea.

    The petitioners’ counsel, senior advocate Indira Jaising, told the HC that in the pleas they had also challenged the sanction granted by the Maharashtra government in 2018 to prosecute the petitioners under the Unlawful Activities (Prevention) Act (UAPA).

    She claimed the sanction had been granted without due application of mind.

    Since the state was the sanctioning authority, it must file its reply to both the pleas, she said.

    Jaising further claimed the then Investigating Officer (IO) in the case, Shivaji Pawar, had failed to provide all paperwork to the sanctioning authority, and that he suppressed information, particularly on the question of tampering of the electronic evidence.

    “The IO in this case failed to record that there was tampering of the computer belonging to the petitioner,” Jaising said.

    She said the IO, who was also a party to the case, must be directed to file an independent reply to the pleas.

    The Maharashtra government’s counsel, advocate Deepak Thakare, sought four weeks for the state to file its replies.

    Thakre also said he would take instructions on whether the IO could respond as a party to the case.

    The HC will hear the petitions further on June 16.

    The case relates to alleged inflammatory speeches delivered at the Elgar Parishad conclave, held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located on the city’s outskirts.

    The Pune police claimed the conclave was backed by Maoists.

  • Editorial: – Why the Congress, which handles the tone of non-violence, with the riots like Maoism and Koregaon?

    The Congress, which has stirred up the chorus of non-violence, has now taken the path of violence to come to power in Yen Kane.
    Today’s big disclosure is that the Congress has been in the hands of Bhima Koregaon violence. Even yesterday it was news that a note was recovered in the raids at Lala Wilson, a member of Yalgard Council. According to this letter, the Congress party was allegedly providing financial resources to the Maoists. During the raid of Pune Police, a letter written by Comrade Ru was written on 2 January 2018.
    Before discussing it, it is necessary to tell that Mani Shankar Aiyar, on the instructions of Sonia Gandhi and Rahul Gandhi, went to Pakistan and said in an interview with TV channel that Pakistan should help to remove the Modi government. After this Anchor asked if they want ISI’s help.
    Today, Rahul Gandhi is a key figure: Omar Khalid, Kanhaiya Kumar, Hardik Patel and are under trial for sedition.
    Even the five people arrested in the violence of Bhima Koregaon are possible even in the cases of sedition, it is possible. Jigres Mewani is also in the eyes of the Pune police. All this is helpful to Rahul Gandhi. Apart from this, women like Teesta Shitalwar are also included in this list.
    Regarding the Bhima-Koregaon Violence, MLA Jignesh Mayvan, independent MLA from Gujarat, has come under the radar of the police. Pune’s Joint Commissioner (CP) Ravindra Kadam informed about this during the press conference. He said that if necessary, Mewani can be called for questioning under investigation.
    In the case of Bhima-Koregaon violence, the police has arrested Surendra Gadling, Sudhir Rao, Ronana Wilson, Shoma Sen and Mahesh Raut. Stating that further, the police said that the police is investigating the whole matter and under this we (Police) have searched the houses of some of them. Rana Wilson’s house has been recovered by the police, pen drive, other documents including the hard disk. Along with this, the police is exploring the story of the involvement of Ronana Wilson and Surendra Gadling in the Naxal.
    The 200th anniversary of the Bheem-Koregaon War, which was celebrated in the beginning of January, took a violent turn, in which a young man was killed and many were injured. Including 10 police jawans.
    In the case of Bhima Korgaon violence, Prakash Ambedkar was also named. Dr. Nayeemam, senior editor of Times Now, has threatened Dr. Prakash Ambedkar, grandson of Dr. Bhimrao Ambedkar.
    On January 1, the police arrested Sudhir Ravel, a Dalit activist from Mumbai and others from Nagpur and Delhi in the case of Bhima-Koregaon violence. Police raided some members of Yalgard Council and a note was recovered in this raid, in which the conspiracy of Bhima-Koregaon violence was exposed.
    The Maoists are referring to the Congress in the letter written to the Yalgard Council, that the Dalit movement will help in furthering the movement. Along with that, he says that Jignesh Mewani and Omar Khalid will work on the bridge between them and the Congress. Not only this, Ambedkar’s nephew Prakash Ambedkar has also been told about how he wants to take advantage of the Dalit movement together with the Maoists.
    A letter has been recovered in the raid conducted by Pune Police, which is clear that some people were plotting to fulfill their political interests.
    It is evident from the fact that the Congress, which has stirred up the silence of non-violence, now wants to control the Maoist violence by spreading Dalits, peasants and spreading caste-rioting and creating a situation of civil war, to capture power. After being in power for 60 years now, he is stammering without power.
    This is the reason why Congress leaders strongly protested against Pranab Mukherjee to attend the Sangh program and address the volunteers.
    We hope that this leader of the address given by the former President today will try to maintain the unity and integrity of the country.