|
||
|
Mutual Consent Divorce in Delhi -
We provide fast, cost effective & Hassle free solution...Click
here for details Contact us at Ph no: 9650499965 (Adv. Tapan Choudhury) |
||
Street protests spread across India this week after a court handed down a life sentence to a prominent activist and physician who has long drawn attention to the country's growing economic inequalities.
In a case that has prompted denunciations by international human rights groups and scholars, prosecutors said Binayak Sen, 60, had aided Maoist rebels in rural India, visiting Maoist leaders in jail and opening a bank account for a Maoist, charges that Sen denies. Human rights activists allege that police planted evidence and manufactured testimonies, and Indian judges have criticized the Dec. 24 judgment.
Soli Sorabjee, a former attorney general, called the ruling "shocking."
"Binayak Sen has a fine record," he said. "The evidence against him seems flimsy. The judge has misapplied the section. And in any case, the sentence is atrocious, savage."
Sen, a pediatrician, has worked for decades to help people displaced by violence and government land seizures in India's mineral-rich regions. Despite the country's booming economy, hundreds of millions of Indians remain mired in poverty - a stubborn inequality that has helped fuel a deadly Maoist insurgency in as many as 20 of India's 28 states.
The ragtag Maoist rebels, called Naxalites after Naxalbari, a village in West Bengal state where the movement was born in 1967, seek to gain power through armed struggle. They claim to fight for the poor and India's marginalized tribal groups but have also been accused of widespread atrocities. Prime Minister Manmohan Singh has called the Naxal movement the "biggest single threat to India's internal security."
Sen, who was arrested in 2007 and was not granted bail for two years, says he was targeted solely because he was a vocal critic of the government's use of armed groups to push villagers out of mineral-rich forest areas. His sentencing comes as major economies, including the United States and China, are seeking access to India's growing markets - a sign of the country's emergence as an economic superpower.
"Anyone in India who dissents or questions the superpower script is ostracized," said Kavita Srivastava, national secretary of the People's Union for Civil Liberties, of which Sen is a vice president. "Sen's arrest is happening because this government is extremely anti-poor. Our much-praised 9 percent growth is coming at the cost of displacing millions of people with land that is being given away for mining and corporate development."
Sen's difficulties with Indian authorities have drawn global attention before. In 2008, an effort led by 22 Nobel laureates failed to secure Sen's release on bail so he could travel to Washington to receive the prestigious Jonathan Mann Award for his efforts to reduce the infant mortality rate and deaths from diarrhea.
This time, protests erupted after a court in the eastern state of Chhattisgarh convicted Sen on two counts of sedition and conspiracy, sentencing him to life imprisonment. He was found not guilty of a third charge of waging war against the state, a crime punishable by death.
A growing number of Indian intellectuals and human rights activists have spoken out on his behalf this week.
"Binayak Sen has never fired a gun. He probably does not know how to hold one," historian Ramachandra Guha wrote in the Hindustan Times. "He has explicitly condemned Maoist violence, and even said of the armed revolutionaries that theirs is an invalid and unsustainable movement. His conviction will and should be challenged."
Sen's wife, also a doctor, said in an interview that she is launching an international campaign to do just that.
"He is a person who has worked for the poor of the country for 30 years," Ilina Sen said. "If that person is found guilty of sedition activities when gangsters and scamsters are walking free, well, that's a disgrace to our democracy."
Kindly Sign the petition and Voice your opinion against this Shocking Judgment - -FREE Binayak Sen
sinthia wrote 466 Days Ago (neutral) 0The Chhattisgarh High Court on Thursday dismissed the bail application of civil rights activist Dr Binayak Sen, which the state government had opposed on the grounds of his links with the Maoists.
Sen is at present lodged in a jail in state capital Raipur following his sentencing to life term by a trial court on Dec 24 for sedition and over his links with Maoist ideologue Narayan Sanyal.1 pointadvsmita wrote 470 Days Ago (neutral) 0world’s largest democratic country cannot tolerate criticism and non-violent human rights activism is a matter of shame to Indian citizens everywhere and this attitude of intolerance needs to be roundly condemned. Such low quality of justice, routinely delivered in our courts, is indeed itself a threat to Indian democracy1 pointmytarun wrote 481 Days Ago (neutral) 0Dr. Binayak Sen’s case is a classic testimony of according judicial approval of State terrorism aimed at silencing Human Rights activists who stand by and work for the ideals and aspirations of the Constitution of India. Dr. Sen’s contribution towards the health care of the tribals and the poor, preservation of their natural resources from mighty corporates/ multinationals and his struggle against the State repression camouflaged asSalwa Judum were the real reasons behind the charge of Sedition trumped up against him. As Dr. Sen himself pointed out his case transcends him. In this context, the colonial provision of Sedition remaining in the statute book which gags the Freedom of Speech needs to be thrown out as “Dissent is an essential part of Democracy”.
1 pointmytarun wrote 502 Days Ago (neutral) 0Prosecution struggles to link Binayak Sen case accused to conspiracy
Two of the three accused are still imprisoned
Nearly four years after the celebrated doctor and activist Binayak Sen was arrested on charges of aiding the banned Communist Party of India (Maoist) and conspiring to overthrow the Indian state, the prosecution began its final arguments.
The State of Chhattisgarh sought to prove that Piyush Guha, Binayak Sen and Narayan Sanyal had actively conspired to assist the urban operations of the CPI (Maoist), a guerrilla party committed to the overthrow of the state.
The prosecution claims that Kolkata-based businessman and alleged Maoist Piyush Guha was arrested on May 6, 2007 and found to be in possession of Maoist publications and three letters purportedly written in jail by alleged Maoist leader Narayan Sanyal, and delivered to him by Dr. Sen.
While Dr. Sen was incarcerated for two years before finally getting bail, Mr. Guha and Mr. Sanyal continue to be imprisoned.
In his final arguments, prosecutor T.C. Pandiya tried to independently link Mr. Guha to Dr. Sen, and Dr. Sen to Mr. Sanyal, to establish the conspiracy. He first cited the testimonies of witness Deepak Chaubey, who deposed that in 2004 he had rented his house to Mr. Sanyal on the recommendation of Dr. Sen, to suggest that Dr. Sen had found a haven for Mr. Sanyal. Dr. Sen has denied Chaubey's allegations.
The link between Dr. Sen and Mr. Guha is based on the deposition of witness Anil Kumar Singh. Police claim to have arrested Mr. Guha on May 6 near the Raipur railway station. However, in an affidavit filed in the Supreme Court on November 23, 2009, investigating officer S.S. Rajpoot has submitted that Mr. Guha was in fact arrested at Hotel Mahindra, in Raipur. Mr. Guha has stated that he was arrested on May 1 from the hotel and illegally detained for five days before his arrest was made public.
The prosecution's case is supported by witness Anil Singh, who claims to have been present when the police arrested Mr. Guha. Singh has signed the seizure memo, affirming the police's recovery of 10 articles from Mr. Guha's possessions.
On cross-examination, Singh has admitted that he has signed against only three of the 10 items allegedly discovered in Mr. Guha's bag. The remaining seven articles have been signed by policemen B.S. Jagrit and Ravindra Upadhyay. Singh also deposed that Mr. Upadhyay wrote out the seizure memo, which he, Singh, subsequently signed. This was contradicted by B.S. Jagrit, who testified that the he had written out the seizure memo himself. The police are also unable to explain why Mr. Guha's arrest memo makes no mention of the 10 seized articles.
The prosecution also referred to the testimonies of hotel owner Suresh Chand Yadu. The police had claimed that Mr. Yadu saw Dr. Sen visit Mr. Guha while the latter was staying at Hotel Geetanjali. However, Mr. Yadu subsequently turned hostile, stating that he never saw anyone visit Mr. Guha during his stay at the hotel. Prosecutor Pandiya stated that while the witness had turned hostile, his statements still indicated a link between Dr. Sen and Mr. Guha.2 points





