Indian Academic Granted Bail
An Indian academic, Shoma Sen, who was detained for almost six years without trial, has been granted bail by the Supreme Court. This case sheds light on the use of harsh anti-terror laws in India, which has been criticized by rights activists.
Background
Shoma Sen, a former professor of English at Nagpur University, was arrested in 2018 along with 16 other activists and academics. They were accused of inciting violence between different Indian caste groups. Among those detained was Jesuit priest Stan Swamy, who passed away in pretrial detention at the age of 84.
Allegations
The National Investigation Agency, India’s top anti-terror agency, alleged that Sen and some of the other activists had connections with far-left Maoist insurgents. However, the court did not find evidence of Sen committing any terrorist acts.
Legal Proceedings
After almost six years in detention, the Supreme Court granted bail to Shoma Sen, citing her age and the lack of framed charges against her. The court emphasized that there was no prima facie evidence of Sen attempting any terrorist acts.
Another activist, Sudha Bharadwaj, who was also detained in the same case, was released by the Mumbai High Court in 2021. All three activists, including Sen, Bharadwaj, and Swamy, were held under the Unlawful Activities Prevention Act (UAPA), which allows indefinite detention without trial.
Criticism of UAPA
Critics argue that the UAPA, which makes it challenging for accused individuals to obtain bail, is being misused by the government to suppress dissent. Government data shows that over 1,000 people are detained under the UAPA annually, with fewer than 100 resulting in convictions.
