New Delhi: In the Supreme Court, the National Investigation Agency (NIA) on Thursday vehemently opposed an interim bail application filed by Professor Shoma K. Sen, an accused in the Bhima Koregaon case.
At the very outset of hearing, a bench headed by Justice Aniruddha Bose said: “We are thinking of giving medical bail for a limited period of time.”
The bench, also comprising Justice Augustine George Masih, added that it will confine Sen’s movements when she is out on interim bail for medical reasons.
“Let her be out for four weeks and then we will see,” the top court said, adding that it will impose “rigid restrictions” on Sen.
Opposing this, Additional Solicitor General (ASG) K.M. Natraj, who appeared for the NIA, submitted that the medical record reflects “general ailments” and there is not something “special” or “imminent” about the appellant’s illness.
“We will constitute a special board for medical examination and we will place the report within a week,” said ASG Natraj.
“I am ready to argue on merits. Otherwise, it becomes a routine exercise and everybody asks for medical bail…I will argue the main matter by tomorrow,” he added.
The bench decided to post the matter for hearing on December 6 as the first item on the regular hearing list.
The Supreme Court in August this year had sought the response of the anti-terror agency on an interim bail application moved by Prof Sen seeking temporary release for medical reasons.
Sen had petitioned the apex court against an order of the Bombay High Court where her application seeking release was disposed of and she was asked to apply afresh for bail before the Special NIA court after the investigating agency had filed a charge sheet against her, and others.
In December 2021, the High Court had granted default bail to lawyer-activist Sudha Bharadwaj. However, the division bench of Justices S.S. Shinde and N.J. Jamadar had declined the applications of eight other co-accused in the same case, including Sen