Dr.Binayak Sen's conviction and sentence is the most prominent case
of injustice in politically motivated and other criminal cases . However
there are hundreds of others from one region to another . With Chhatigarh,
Maharashtra and Gujarat some of the worst affected in false cases .In this
context
it is India's policing , investigation and legal system which is really on
trial as
these cases have been filed on covert political instructions .
Similarly despite Swami Asimnanda's confessions of the involvement of
Rashtriya
Swayamsevak Pracharaks in the bomb blasts at Malegaon , Ajmer Sharif ,
Hyderabad ,
Samjauta Express among several other places , innocent youth from the
minority
community are not only not being discharged despite the fact that the Judicial
Confession
is in keeping with the investigations of the late Jt.Commissioner of Police
Mr.Hemant
Karkare , but they are still being denied bail evidence of the subversion of
the investigating
agencies , the police and the judiciary by special financial interests and
their lobbyists
for the divide and rule policy which are criminal activities violating the
Constitution
of India amounting to Sedition and declaring a war on the Indian State .
The investigations of the Enforcement Directorate reveal that Hasan Ali and
Shahid
Balwa were front men for prominent financiers such as Tarpuria and Goenka among
others , with links with prominent financier and corporate families and with
the political
leadership; that accounts were held and money changed hands and favours were
received
by these front men as proxies for these operators from the financial ,
corporate , stock
broker and political world .That these funds were also channelised allegedly
by the
financiers , corporates and stock brokers for so called fake terrorist activity
.Similar
to the financing of the Mumbai blasts of 93.
A prominent industrialist in the context of the revelation on the " Radia
Tapes" of
the take over by several parties by the Corporate Sector emphasised that India
was becoming a " Banana Republic " and that " body bags" would be the possible
outcome .The question is who is turning the country into a " Banana Republic"
as the
term itself refers to the take over of several countries of Latin America and
Africa
among others by financial and Corporate interests merging with the political
and the consequent demise of the Rule of Law and democracy inthose countries .
All these facts need to be researched to understand who is really committing
Sedition and Waging a War against the Indian Union ???
Niloufer Bhagwat
----- Original Message -----
From: Kamayani
To: undisclosed-recipients:
Sent: Sunday, March 27, 2011 12:17 PM
Subject: [humanrights-movement:3994] Justice for 'Prisoner of
Conscience'DrBinayak Sen
(CNS): Dr Binayak Sen, a medical practitioner and a civil liberties'
activist, has been sentenced to life imprisonment in Chhattisgarh. Amnesty
International calls him a 'prisoner of conscience' because he never advocated
violence and was a champion of human rights causes in the state but was unduly
targeted by the state. Probably his stand for human rights exposing gross
injustices meted out to tribal population by the state, and a report had irked
the government which slapped upon him violation of two draconian laws:
Chhattisgarh Special Public Security Act and Unlawful Activities Prevention Act
(UAPA).
His wife Ilina Sen, who is a Professor at the Mahatma Gandhi Antarrashtriya
Hindi Vishwavidyalaya in Wardha, was in Lucknow as a key resource person for a
programme against domestic violence and women equality issues. "As I fight the
long and painful legal battle to extricate Binayak from the clutches of the
penal administration, I realize that this battle is as much mine as that of any
Indian citizen. Today, at many levels and in many fora, the people of India are
struggling for the establishment of accountability and transparency in our
governance structures as befitting our status as the world's largest democracy.
However, it is a sad reflection on our system that once a false case is
registered in the name of security, it is almost impossible to turn the clock
back, even if facts stare us in the face that indicate that the case had no
basis. To this, if we add dimensions of face saving, prestige, and drubbing the
nose into the ground of uncomfortable critics, we have Chhattisgarh and Binayak
Sen" said Ilina Sen.
Binayak Sen has been convicted of sedition and of violating sections of the
Unlawful Activities Prevention Act (UAPA) and the Chhattisgarh Special Public
security Act and sentenced along with two others to rigorous life imprisonment.
His application for suspension of sentence and release on bail pending appeal,
has been rejected by the Chhattisgarh High court. His jail ticket notes his
provisional date of release as 2028.
"The conviction has followed an unfair prosecution and prejudiced judgment
based on confessional statement recorded, according to the judge, during
'preliminary investigation' before the first accused in the case was taken into
police custody, thereby defeating the provision of inadmissibility of custodial
confessions. In the absence of any visible crime, this first arrest and the so
called 'preliminary investigation' become the 'incident' around which the case
is woven. The charges framed are equally vague regarding nature, time and place
of the 'crime'. Extensive and expensive police investigations (sadly beyond the
orbit of the Right To Information (RTI) Act, 2005) into Binayak's (and Ilina's)
homes, places of work and associates failed to provide any evidence other than
social service in remote rural areas, and obviously was not brought on record"
said Ilina Sen.
"The case against Binayak hinged upon his 33 meetings with jailed Maoist
leader Narayan Sanyal, his supposed couriering of Sanyal's letters and their
passing on to Pijush Guha, through which letters, the death and destruction
being carried out by the Maoists was supposedly given effect. Since the
prosecution failed to produce even a single jail official or any other eye
witness testifying to any letter or message, oral or written, being passed by
Narayan Sanyal to Binayak Sen in their jail meetings, the verdict makes much
fuss about certain entries in jail registers referring to Sen being Sanyal's
relative, ignoring the defence contention that these entries were filled in by
the jail officials, and not by either the visited or visitor, as apparent from
the face of the record" said Ilina Sen.
On the contrary, all the applications Binayak Sen submitted to the jail
officials, requesting a meeting with Sanyal, were written on the letterhead of
his organization People's Union for Civil Liberties - PUCL (a Civil Liberties
and Democratic Rights organization founded by leading Sarvodaya leader
Jayprakash Narayan). These visits were duly permitted by the jail officials and
transpired in their full view and hearing. "Binayak's own statement to the
court gives a perfectly rational explanation for these visits and the way in
which his intervention was essential in facilitating the hand surgery of
Narayan Sanyal at the Raipur Medical College,, but this was not taken into
account" said Ilina Sen.
"Binayak is also supposed to have had prior acquaintance with Sanyal and
facilitated the hiring of a house by him. This is based on the testimony of a
landlord who, while testifying to this fact also alleges that Sanayal was
arrested from his house, which is contrary to the facts brought on record
during this trial. Sanyal's arrest was in Andhra Pradesh according to the
testimony of the arresting officer, and how a witness who perjures himself in
one part of his testimony becomes a reliable witness for the other part, beats
imagination" said Ilina Sen.
So what is the 'evidence' against Dr Binayak Sen? According to Ilina Sen, the
'evidence' against Binayak Sen in court is as follows:
- Hearsay evidence from police officers about Binayak's presence in naxal
meetings, his supposed association with 'hard core naxals' who are not even
named in any case anywhere in the country
- Supposed seditious literature pertaining to resistance of US imperialism
and atrocities committed during the salwa judum seized from their house during
police search
- Correspondence addressed to the ISI (not Pakistan's ISI but to Walter
Fernandez, Director of Indian Social institute (ISI) in New Delhi)
- Correspondence with people bearing Muslim names constitutes the rest of the
evidence
Authorities claimed Dr Binayak Sen is a 'fake doctor' because no stethoscope
was found in his house. Should every doctor hang a stethoscope in his house as
well? Does a gold medal from second-ranked medical institute in the country -
Christian Medical College (CMC) Vellore, the 2004 Paul Harrison Award, Global
Health Council's Jonathan Mann Award 2008, founding Shaheed Hospital in
Chhattisgarh and serving tribal communities for close to thirty years are not
evidence enough to give him due recognition as a medical practitioner?
"While weaving a narrative of sedition against Binayak Sen and other accused
in the case, the Sessions court verdict violates a well laid judicial principle
of the Supreme Court in matters of sedition. In Kedarnath Singh Vs State of
Bihar the Supreme Court has held that the provision of sedition in the Indian
Penal Code must be interpreted in a manner consistent with the fundamental
freedom of speech and expression guaranteed by the Indian Constitution. In this
regard the Supreme Court held that the offence of sedition, which is defined as
spreading disaffection against the state, should be considered as having been
committed only if the said disaffection is a direct incitement to violence or
will lead to serious public disorder. No speech or deed milder than this should
be considered seditious. The Sessions court verdict in the case against Binayak
Sen and others fails to establish that the words or deeds of the accused were a
direct incitement to violence or would lead to serious public disorder. This
would be the case even if it was established beyond doubt that Binayak Sen had
passed on Narayan Sanyal's letters to Pijush Guha, or Pijush Guha was likely to
pass on these letters to other members of the CPI (Maoist), or that Narayan
Sanyal was a politburo member of the CPI (Maoist)" said Ilina Sen.
"Both the trial court as well as the appellate court (while passing and
upholding the maximum sentence for sedition) have gone on record that the
situation of violence and uncontrolled Maoist bloodshed calls for non
application of any grounds for leniency in sentence. This is without any clear
establishment that Binayak Sen had any involvement in any such bloodshed, in
fact even the court does not allege this. How criminal justice can be based on
the doctrine of lateral responsibility is mind boggling. Clearly the verdict
and the sentence are both intended to make an example of a civil society
activism, and to send a message to all of us who are asking any kind of
questions. The issues in this case thus go beyond the case itself and the fight
for justice for Binayak becomes the struggle of all of us for the Rule of Law
in our polity" said Ilina Sen. (CNS)
Bobby Ramakant – CNS
(The author is a World Health Organization (WHO) Director-General's WNTD
Awardee 2008 and writes extensively on health and development through Citizen
News Service (CNS). Email: [email protected], website:
www.citizen-news.org)
http://www.modernghana.com/news/321964/1/justice-for-prisoner-of-conscience-dr-binayak-sen.html
--
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
"Nobody is giving up violence. Neither the state nor the Maoists are giving
up violence. I am interested in furthering my cause, which is the cause of
peace with justice.- DR BINAYAK SEN
www.binayaksen.net
PL SIGN ONLINE PETITION: http://www.petitiononline.com/sen2010/petition.html
JOIN THE FACEBOOK EVENT: ONE MILLION FACES
http://www.facebook.com/event.php?eid=179177728772740
FREE BINAYAK SEN CAMPAIGN VIDEOS
http://www.youtube.com/user/Kamayaninumerouno#grid/user/B4A70E211712242B
--
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
"Nobody is giving up violence. Neither the state nor the Maoists are giving
up violence. I am interested in furthering my cause, which is the cause of
peace with justice.- DR BINAYAK SEN
www.binayaksen.net
PL SIGN ONLINE PETITION: http://www.petitiononline.com/sen2010/petition.html
JOIN THE FACEBOOK EVENT: ONE MILLION FACES
http://www.facebook.com/event.php?eid=179177728772740
FREE BINAYAK SEN CAMPAIGN VIDEOS
http://www.youtube.com/user/Kamayaninumerouno#grid/user/B4A70E211712242B
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