Sunday, April 10, 2011

Fighting for “Justice on Trial” ...Binayak sen controversy ...



The Supreme Court will hear on Monday the bail plea of civil rights activist Binayak Sen, who has been sentenced to life imprisonment on charges of sedition and links with Naxalites.

Dr. Sen has challenged the order of the Chhattisgarh High Court, which had rejected his bail plea on February 10.
A professional doctor and a pass-out of the prestigious Christian Medical College (CMC), Vellore, Dr. Sen has sought bail contending that the trial court has erred in convicting him when there was no substantial evidence.
A bench of justices H.S. Bedi and C.K. Prasad had on March 11 agreed to hear Dr. Sen’s plea and had sought the response of Chhattisgarh government within four weeks.
Chhattisgarh government  opposed the petition of rights activist Binayak Sen in the Supreme Court seeking bail and stay on his life term for his links with Maoists saying he was involved in providing safe hideouts and logistic support to hardcore Naxalites.
"He (Sen) provides active support and co-ordinates in spreading the base of CPI (Maoist) in the country. Apart from providing logistic support, he exchanges information and material directly and indirectly with the Naxalites in the area of Chhattisgarh, Bengal, Andhra Pradesh, Maharashtra, Bihar, Jharkhand and Orissa and propagates Naxal ideology," the affidavit filed by the state government said.
Chhattisgarh government filed its affidavit through advocate Atul Jha in response to the notice issued to it on March 11 by the court on the petition by Sen challenging the rejection of his bail by the High Court on February 10.
It alleged Sen was helping the Naxalites in building urban network and sympathizers and visited the co-accused Naryan Sanyal 33 times in the jail.
A professional doctor, who studied in Christian Medical College (CMC), Vellore, Sen has sought bail contending the trial court has erred in convicting him as there was no substantial evidence against him.
Sen, Vice President of People's Union of Civil Liberties, was convicted for sedition and sentenced to life imprisonment along with Naxal ideologue Narayan Sanyal and Kolkata businessman Piyush Guha for colluding with Naxals to establish a network to fight the state.
Human rights and social activists have described Sen's conviction and sentence as politically motivated.
The state government in its affidavit said though Sen is a doctor, during the search of his house, neither any medical equipment was found nor any medical books, medicines, stethoscope, drugs, patient admission book, prescription book,
patient discharge book.
"Medical degree of Sen is a just a cover for him to perpetuate the Naxal activities. Under the garb of being a doctor and on the pretext of treatment, he is basically providing help to hardcore Naxalites and its cadre," the affidavit said.
"It is submitted the petitioner is a paediatrician (child specialist). What treatment was the paediatrician petitioner advising to geriatrician co-accused Narayan Sanyal in his 33 visits to jail is open secret It is submitted that the petitioner has not met any prisoner at the Central Jail, Durg.
"Similarly, the petitioner has not met with any other undertrial prisoner in Central Jail, Bilaspur, apart from the Naxalite leader," the affidavit said while giving the list of 33 visits made by Sen in Raipur Central Jail.
According to the state government, Dr. Sen helped Naxal leaders in arranging accommodation in Raipur and through his wife Elina Sen also helped open bank accounts of hardcore Naxalites Shankar Singh and Amita Shrivastava.
Dr. Sen, vice-president of People’s Union of Civil Liberties, was convicted for sedition and sentenced to life imprisonment along with Naxal ideologue Narayan Sanyal and Kolkata businessman Piyush Guha for colluding with the Maoists to establish a network to fight the state.
Dr. Sen’s conviction and sentence had led to outrage in many quarters, including international human rights bodies.
Family members of Dr. Sen, PUCL activists, and two members of the European Union were present in the high court during the hearing. The EU had earlier sought the high court’s permission to attend the hearings.

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