---------- Forwarded message ----------
From: Sukla Sen <[EMAIL PROTECTED]>


*DR. BINAYAK SEN'S BAIL APPLICATION DISMISSED IN THE MOTION HEARING STAGE BY
BILASPUR HIGH COURT*

Jaipur

4th December, 2008

Dear friends,

I have terrible news for you. The Chhattisgarh High Court dismissed the Bail
application of Dr. Binayak Sen on the 2nd December, 2008.  Similarly the
bail application of Piyush Guha was also dismissed. Dr.. Binayak Sen's
lawyers Anjana Prakash and Mahendra Dubey had argued first on the 8th of
September and the second time on the 2nd of December as to why Dr. Sen
should be granted bail. The judgement was reserved by the Justice Sunil
Sinha. However, on the 3rd itself Mahendra Dubey learnt about the order and
so read it from the Court files. (Copy will be available soon). The gist of
the order given by the Judge Sunil Sinha, who had heard the bail application
in 2007 too, is as follows:

   - that since the dismissal of the bail application last year by this
   Court, there been no substantial change in the circumstances of the case,
   therefore the bail application is being dismissed at the stage of motion
   hearing itself.

Which means that the Court did not consider the application worth admitting
for hearings. However, it also means that the bail has not been "rejected"
on merits a second time, but that the application was never entertained by
the Court.

Whatever way we see it, it means that Dr. Sen's remains in Jail, his civil
liberties, still not restored.

It is clear that the High Court did not want to take a decision on the bail
and wants to leave it to the Supreme Court. The situation is really dismal.
Perhaps there is no option but coming to the Supreme Court again. AND THIS
TIME WE HAVE TO WIN.

A group in Delhi had met on the 17th of Novmeber to plan Human Rights day
and a campaign from the 10th to the 16th December concluding with a rally on
the 16th against the State's Acts of  Silencing political dissent. Rajendra
Sail Sahab from Chhattisgarh has written to us about plans in Raipur where
they are releasing a book in Hindi on the Dr. Binayak Sen trial
observations. In Jaipur we are planning a rally on the 10th dedicated Dr
Sen's release and other Human Rights issues with which we are involved.


This is an appeal to all friends to Observe Human Rights Day take upfront
the issue of Dr. Sen. Secondly since the Parliament session will begin on
the 10th itself it is our chance to put pressure on the Indian Parliament
this time.



In Delhi we are having a planning meeting at 4 pm on the 6th Saturday, 2008
The venue is INSAF OFFICE, KATWARIA SARAI BUS STOP, OPPOSITE INDIAN
STATISTICAL INSTITUE,FIRST FLOOR. WE will finalise the plans related to
campaign for the release of Dr. Binayak Sen and against the State for
silencing political dissent which we plan to hold from the 10th to the 16th.



 Please do come.




*Kavita Srivastava*



Gen Secretary,

PUCL, Rajasthan


-- 
Kavita Srivastava
(General Secretary) PUCL Rajasthan

Address for correspondence :

76, Shanti Niketan Colony, Kisan Marg, Barkat Nagar, Jaipur-302015
Tel. 0141-2594131
mobile: 9351562965

Peace Is Doable

------------------------------

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