PEOPLE'S UNION FOR CIVIL LIBERTIES
CHHATTISGARH Post Box No. 87, Main Post Office, Raipur â€" 492001:
Chhattisgarh: India
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Press Release:
PUCL CHALLENGES THE VIRES
OF THE CHHATTISGARH BLACK LAW
IN THE SUPREME COURT

Raipur, May 17, 2008: (Saturday)
The People's Union for Civil Liberties (PUCL) has challenged the
Constitutional validity of the Chhattisgarh Special Public Security Act 2005
in the Supreme Court of India. The Petition was filed on 14th May, 2008, the
day Dr. Binayak Sen, its National Vice-President & State General Secretary
of Chhattisgarh PUCL completed one year in prison, having been illegally
detained under the provisions of this draconian law.

The Petition has been drafted by Former Chief Justice of Delhi, Sri Rajendar
Sachar, Senior Advocate Sanjay Parikh and Adv Anita Shenoy. It may be
recalled that the PUCL had also challenged the notorious Prevention Of
Terrorism Act (POTA), which was later repealed by the Indian Parliament in
2004.

It may be mentioned that till date some 43 citizens of Chhattisgarh have
been detained under this draconian law, including Dr. Binayak Sen (Medical
Doctor), Ajay T G (Film Maker) -- both are members of the PUCL.

This draconian law sanctions the violation of due process by the state, and
thus contravenes internationally accepted norms of jurisprudence as well as
democratic governance. As Senior Advocate K G Kannabiran, National President
of PUCL, India, argues in his letter to the National Human Rights Commission
(NHRC), the CSPSA and UAPA operate by criminalizing the very performance of
civil liberties activities, and culpability is decided upon not by direct
proof, but through guilt by association.

According to the information collected by the PUCL, some 43
persons/organizatio ns have been implicated under the Black Law of 2005. Out
of these persons two are doctors, two are journalists/ media persons and one
lawyer. The petitioner's have also collected few F.I.R/other documents to
point that how the provisions of impugned Act of 2005 have been
misused/abused. Among those detained under the Act of 2005 are: a class XII
student named Chandrkanti Toppo aged about 22 years from Ambikapur, who has
allegedly provided hospitality to the Maoists in her house, from where she
lived and studied ; an Electrician named Gupta from Ambikapur, who has
allegedly provided technical assistance in electricity to the Maoists; a
Doctor from interiors of Rajnandgaon district, whose prescription was said
to have been found among the materials seized from the Maoists; a Free-lance
journalist named Sri Prafulla Kumar Jha, aged about 63 years, who is a Gold
Medalist in Anthropology from the Ravishankar University at Raipur in
Chhattisgarh, and has done remarkable work on tribals living in the then
Bastar District (now consisting of Dantewara, where the CPI â€" Maoists are
said to be active); a writer named Sri Asit Kumar Sen aged about 60 years,
who has been long associated with editing and publishing work bringing out
magazines and books, from whose house books and magazines in bulk were
allegedly seized; two Cloth Merchants named Naresh Khubnanai aged about 40
years, and Ramesh Sudhomal aged 45 years, who have allegedly sold
"camouflage coloured" cloth in bulk for uniform; one Tailor named Dayaram
Sahu aged about 50 years, who has allegedly stitched these uniforms; a well
renowned Medical Doctor, Binayak Sen, aged about 57 years, who is also the
National Vice-President of People's Union for Civil Liberties (PUCL) and the
General Secretary of the Chhattisgarh Unit of PUCL.

Dr. Binayak Sen is the first Indian & the first South Asian Doctor to have
been given the prestigious Dr. Jonathan Mann Award-2008 for Global Health &
Human Rights, established in 1999 to honour Dr. Jonathan Mann by the Global
Health Council with membership in 140 countries of 6 continents. Dr. Binayak
Sen has also been given the R R Keithan Gold Medal -2007 by the Indian
Council of Social Sciences for " a fresh and radical interpretation of
Gandhiji's core concerns".

A media person, film-maker, Ajay T G, who is also a member of the State
Executive Committee of the Chhattisgarh Unit of the People's Union for Civil
Liberties, who has allegedly written a letter to a Maoist. As a film maker,
Ajay T G has worked on numerous projects as Director, Cameraman, and editor,
and is also an accomplished graphic artist. Some of his films have been
screened at festivals abroad.

Rajendra K Sail
President

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