http://www.freebinayaksen.org/?p=1822

Chhattisgarh wants Binayak convicted for waging war

>From the Times of
India<http://timesofindia.indiatimes.com/india/Chhattisgarh-wants-Binayak-convicted-for-waging-war/articleshow/7745940.cms>
:

NEW DELHI: The Chhattisgarh government is not content with a life term for
Binayak Sen for sedition. It wants the civil rights activist to be convicted
for conspiring to wage war against the state.

In a criminal appeal filed in the high court, the government has challenged
a Raipur sessions court’s acquittal of Sen and two others under Section 121
A of the IPC, which deals with hatching a conspiracy to wage war or attempt
or abet waging of war against the Government of India, and is punishable
with a life sentence.

On December 24, 2011 sessions court judge B P Varma convicted Sen and two
others for conspiring to commit sedition under Sections 124 and 120 B but
acquitted them on the charge of conspiring to wage war. Calling the
acquittal “unjust, improper and bad in law”, the Chhattisgarh government has
asked the high court to set the order aside.

It has also challenged the acquittal under Sections 10 A, 20, 21, 38(2) of
the Unlawful Activities Prevention Act that relate to membership or
association with banned groups.

In accordance with due procedure, the state government has asked the HC to
“grant leave to appeal against the judgment”. If the high court grants
permission, the government’s appeal can be filed and admitted.

The additional public prosecutor filed the appeal on February 28 but Sen’s
family and lawyers learnt about it on March 14. “I had gone to meet Binayak
in jail when he gave me the copy. It is strange that the notice is served to
a man in prison who has no way of communicating anything to anybody,” said
Ilina Sen, the activist’s wife.

The appeal indicated the continuation of the Chhattisgarh government’s
hardened stance in the case. On March 11, the Supreme Court, hearing Sen’s
bail plea, issued notice to the government giving it four weeks to reply why
the sessions court’s order should not be stayed.

The sessions court verdict sentencing Binayak Sen to life had sparked
outrage, both in India and abroad. Several civil liberties groups, activists
and academics issued statements in support of Sen. “We express astonishment
and dismay at the unjust sentence,” said an appeal by 44 Nobel laureates.

Subsequently, Sen appealed for bail and suspension of sentence in the high
court. A team of observers from European Union travelled to Bilaspur to
observe the court proceedings. But the bail was rejected by the high court
on February 10, 2011.
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Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
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