PHM-Exch> Supreme Court questions sedition charge & grants bail to Binayak Sen

[Claudio Schuftan]

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www.binayaksen.net

Posted at April 17, 2011

The apex court indicated that the trial court verdict that had sentenced Sen
to life on charges of sedition on the strength of evidence produced by the
prosecution did not inspire confidence.

 “ What is the evidence that invites sedition? Even if all allegations and
the conviction are taken to be correct, why life sentence?” Justice Bedi
asked.

The bench ordered suspension of Sen’s sentence till a decision on his appeal
pending before the Chhattisgarh High Court. It also left it for the high
court to decide the conditions for his release on bail.

 “ The worst that is against him is the possession ( of pamphlets and
literature). You have not pointed to any action ( on his part)… All kinds of
documents are circulated and that may come to us. Does this make one
guilty?” Justice Bedi asked.

“ If ( Mahatma) Gandhi’s autobiography is found in somebody’s house, does he
become a Gandhian?” Justice Prasad added.

 “ Sen is not involved in any kind of violence nor has he fed anyone to
resort to violence. Literature is available at everybody’s home and I’ll
tell you there is much more dangerous literature at my house. The mere
possession of literature does not make one a Maoist,” he told the court.

“ I must confess this is one of the cases where I am personally very happy
about what has happened in the Supreme Court. It almost establishes a matter
of great principle of democracy that everybody has the right to exercise his
right to freedom of speech,” the lawyer said after the verdict.

Chhattisgarh chief minister said in Raipur on Friday: “We respect the
Supreme Court’s decision. It has only granted Sen bail. The pending legal
process will continue in the high court at Bilaspur. Whatever the final
verdict be, we will respect that decision too.”

Sen’s wife Ilina said after the verdict: “ It’s a very emotional moment and
I am relieved. The judgment by the trial court was unfortunate… But I have
now started breathing again and am really feeling good.” Daughter Aparajita
added: “Our family was shattered and it was a tough journey with Baba inside
jail.

This judgment is the result of everybody’s hard work. I am looking forward
to meeting him.” Sen was arrested in Raipur on May 14, 2007, for his alleged
links with the Maoists. He later got bail from the Supreme Court on May 25,
2009. On December 24 last year, the sessions court in Raipur convicted him.
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