Trial of Binayak Sen
Encyclopedia
Binayak Sen
was detained in May 2007, for allegedly supporting the outlawed Naxalite
s, thereby violating the provisions of the Chhattisgarh Special Public Security Act 2005 (CSPSA)
and the Unlawful Activities (Prevention) Act 1967
. The evidence presented against him included his meetings with the jailed Naxalite leader Narayan Sanyal and certain documents allegedly supporting his links with the Naxalites. Sen first applied for bail before the Raipur Sessions Court and then the Chhattisgarh High Court
in July 2007, soon after his arrest, but was granted bail by the Supreme Court of India only on 25 May 2009.
On 24 December 2010, the Raipur Sessions' Court found him guilty of helping the Naxalite
s, charged him with connections with a banned organization (though widely but incorrectly the charge is reported as treason) and sentenced him to life term. The conviction was criticized by his supporters as politically motivated and based on bogus evidence. Sen is considered by Amnesty International
to be a prisoner of conscience
.
Against this judgement, Binayak again applied for bail on 6 Jan 2011. On 25 Jan 2011, The Chhattisgarh High Court heard his bail plea for the second consecutive day and then fixed Feb 9 for the next hearing.
Appearing for Sen, senior lawyer Ram Jethmalani Monday argued for over two hours for grant of bail on 24 Jan 2011, and described the trial court verdict as one based only on police versions. An eight-member delegation of the European Union were present at the court during the entire hearing.
The above mentioned imprisonments of the accused Dr Binayak Sen
have to run simultaneously.
Binayak Sen
Binayak Sen is an Indian pediatrician, public health specialist and activist. He is the national Vice-President of the People's Union for Civil Liberties .He has been accused of sedition by the Chhattisgarh Government...
was detained in May 2007, for allegedly supporting the outlawed Naxalite
Naxalite
The word Naxal, Naxalite or Naksalvadi is a generic term used to refer to various militant Communist groups operating in different parts of India under different organizational envelopes...
s, thereby violating the provisions of the Chhattisgarh Special Public Security Act 2005 (CSPSA)
Chhattisgarh Special Public Security Act
Chhattisgarh Special Public Security Act, 2005 ,is a law in the state of Chhattisgarh passed by the Chhattisgarh assembly in December 2005...
and the Unlawful Activities (Prevention) Act 1967
Unlawful Activities (Prevention) Act
Unlawful Activities Act is Indian law aimed at effective prevention of unlawful activities associations in India.The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the...
. The evidence presented against him included his meetings with the jailed Naxalite leader Narayan Sanyal and certain documents allegedly supporting his links with the Naxalites. Sen first applied for bail before the Raipur Sessions Court and then the Chhattisgarh High Court
Chhattisgarh High Court
The Chhattisgarh High Court is one of the newest High Courts in India. It was established on 1 November, 2000 after the Madhya Pradesh Reorganisation Act, 2000 was passed. It has jurisdiction over the state of Chhattisgarh. High Court of Bilaspur is the 19th High Court of IndiaMr. Justice R. S...
in July 2007, soon after his arrest, but was granted bail by the Supreme Court of India only on 25 May 2009.
On 24 December 2010, the Raipur Sessions' Court found him guilty of helping the Naxalite
Naxalite
The word Naxal, Naxalite or Naksalvadi is a generic term used to refer to various militant Communist groups operating in different parts of India under different organizational envelopes...
s, charged him with connections with a banned organization (though widely but incorrectly the charge is reported as treason) and sentenced him to life term. The conviction was criticized by his supporters as politically motivated and based on bogus evidence. Sen is considered by Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
to be a prisoner of conscience
Prisoner of conscience
Prisoner of conscience is a term defined in Peter Benenson's 1961 article "The Forgotten Prisoners" often used by the human rights group Amnesty International. It can refer to anyone imprisoned because of their race, religion, or political views...
.
Against this judgement, Binayak again applied for bail on 6 Jan 2011. On 25 Jan 2011, The Chhattisgarh High Court heard his bail plea for the second consecutive day and then fixed Feb 9 for the next hearing.
Appearing for Sen, senior lawyer Ram Jethmalani Monday argued for over two hours for grant of bail on 24 Jan 2011, and described the trial court verdict as one based only on police versions. An eight-member delegation of the European Union were present at the court during the entire hearing.
Punishment
Following is the list of Punishments awarded to Binayak SenBinayak Sen
Binayak Sen is an Indian pediatrician, public health specialist and activist. He is the national Vice-President of the People's Union for Civil Liberties .He has been accused of sedition by the Chhattisgarh Government...
| S. No. | Sections of Charges | Punishment |
|---|---|---|
| 01 | § 120 read with § 120-B of Indian Penal Code Indian Penal Code Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862... |
Imprisonment for Life & 5000 (Five thousand). In case of non-payment of fine, additional rigorous imprisonment of one year |
| 02 | § 6(1) of Chhattisgarh Special Public Security Act Chhattisgarh Special Public Security Act Chhattisgarh Special Public Security Act, 2005 ,is a law in the state of Chhattisgarh passed by the Chhattisgarh assembly in December 2005... , 2005 |
Rigorous Imprisonment of 2 (two) years and fine of 1000 (One thousand) In case of non-payment of fine, additional rigorous imprisonment of three months |
| 03 | § 8(2) of Chhattisgarh Special Public Security Act Chhattisgarh Special Public Security Act Chhattisgarh Special Public Security Act, 2005 ,is a law in the state of Chhattisgarh passed by the Chhattisgarh assembly in December 2005... , 2005 |
Rigorous Imprisonment of 1 (one) year and fine of 1000 (One thousand) In case of non-payment of fine, additional rigorous imprisonment of three months |
| 04 | § 8(3) of Chhattisgarh Special Public Security Act Chhattisgarh Special Public Security Act Chhattisgarh Special Public Security Act, 2005 ,is a law in the state of Chhattisgarh passed by the Chhattisgarh assembly in December 2005... , 2005 |
Rigorous Imprisonment of 3 (three) years and fine of 1000 (One thousand) In case of non-payment of fine, additional rigorous imprisonment of three months |
| 05 | § 8(5) of Chhattisgarh Special Public Security Act Chhattisgarh Special Public Security Act Chhattisgarh Special Public Security Act, 2005 ,is a law in the state of Chhattisgarh passed by the Chhattisgarh assembly in December 2005... , 2005 |
Rigorous Imprisonment of 5 (five) years and fine of 1000 (One thousand) In case of non-payment of fine, additional rigorous imprisonment of three months |
| 06 | § 39(2) of Unlawful Activities (Prevention) Act Unlawful Activities (Prevention) Act Unlawful Activities Act is Indian law aimed at effective prevention of unlawful activities associations in India.The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the... , 1967 |
Rigorous Imprisonment of 5 (five) years and fine of 1000 (One thousand) In case of non-payment of fine, additional rigorous imprisonment of three months |
The above mentioned imprisonments of the accused Dr Binayak Sen
Binayak Sen
Binayak Sen is an Indian pediatrician, public health specialist and activist. He is the national Vice-President of the People's Union for Civil Liberties .He has been accused of sedition by the Chhattisgarh Government...
have to run simultaneously.