<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto;
mso-outline-level:1"><span class="Apple-style-span" style="font-size: 19px;"><b><u><br></u></b></span></p>
<p class="MsoNormal"><a href="http://www.binayaksen.net">www.binayaksen.net</a></p>
<p class="MsoNormal">Posted at April 17, 2011 </p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">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.</p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><span style="mso-spacerun:yes"> </span>“ 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.</p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">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.</p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><span style="mso-spacerun:yes"> </span>“ 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.</p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">“
If ( Mahatma) Gandhi’s autobiography is found in somebody’s house, does he
become a Gandhian?” Justice Prasad added.</p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><span style="mso-spacerun:yes"> </span>“ 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.</p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">“
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.</p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">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.” </p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">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.</p>
<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">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.</p>
<p class="MsoNormal"> </p>