Update on Dr. Binayak Sen
I have been informed by Kavita Srivastava from Bilaspur High Court that in the appeal against conviction, the lawyers for Dr. Binayak Sen and Piyush Guha have concluded their arguments on bail. The High Court has now posted the matter for 9th February when the State counsel will reply to their arguments. One of the Judges on the High Court Bench is on leave in the interim period.
As the hearing was ending, Advocate Shailesh stood up in the High Court and moved an application before the Bilaspur Bench seeking to intervene in this case on behalf of Ranjana ChaubeyÂ (wife of deceased Vinod Chaubey - S.P. of Rajnandgaon who is alleged to have been killed by Maoists) and Lata Yadav (wife of deceased Inspector Sanjay Yadav). Advocate Shailesh has moved an application under section 391 Cr. P.C seeking enhancement of sentence given by the trial court to Dr.Binayak Sen and other accused persons. He argued that post the conviction of Dr. Sen and 2 others in this case there was a protest shut down in Bastar which revealed their links with the Maoists. Advocate Shailesh has also moved an application stating that they want to place some additional material on record in the case against Dr. Sen and others.The High Court while accepting the application has directed that Advocate Shailesh cannot directly address the Court in the case. However he may assist the State and the Advocate General in the matter. Copies of these applications have now been given to the lawyers for Dr. Binayak Sen and others. The lawyers will examine the same and reply whether they are tenable and maintainable according to law.
The matter is now posted for 9th February before the Bilaspur High Court when the State will reply to the arguments made by the lawyers fro Dr. Binayak Sen and Piyush Guha.
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Demonstration demanding the review of the Court Judgment against human rights defender Dr. Binayak Sen
The protest was staged by People's Watch and the Citizens for Human Rights Movement (CHRM) at Madurai on January 03, 2011. It started at 10.30 a.m. and went on till 1.30 p.m.
Raipur Additional District and Sessions Judge B. P. VermaÂ sentenced PUCLâ€™s (Peopleâ€™s Union for Civil Liberties) National Vice President Dr. Binayak Sen to life imprisonment under charges of sedition 124 (A) of the IPC read with conspiracy (120-B IPC) along with convicting him concurrently u/s 8-(1), (2), (3) and (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam,2005 (Chhattisgarh Special Public Safety Act, 2005) and u/sec 39 (2) of the Unlawful Activities Prevention Act, 2004 (amended) on the 24th of December 2010. Dr Binayak Sen is a pioneer of health care to marginalized and indigenous communities in Chhattisgarh, where the state police and armed Maoists have been engaged in clashes over the last seven years.Â Â He has reported on unlawful killings of Adivasis (Indigenous People) by the police and by Salwa Judum, a private militia widely held to be sponsored by the state authorities to fight the armed Maoists.
Mr. Henri Tiphagne, Executive Director, People's Watch presided over the event which was led by Mr. C. J. Rajan, State Coordinator, CHRM and Ms. Sasikala, District Organizer - Madurai, CHRM. Other speakers at the demonstration were Mr. P. Kalidas, District Secretary - Madurai Urban, CPI, Mr. Radhakrishnan, State Organizer, Human Rights Defenders Forum - Tamilnadu, Mr. K. John Moses, State Secretary, Janata Dal (Secular), Mr. Mahaboob Jaan, Secretary, State Labour Wing, MDMK, Prof. Murali, Associate State President, PUCL, Mr. Mohammed Maideen Ulavi, District Secretary - Madurai, Manidha Neya Makkal Katchi, Dr. P. Parthasarathy, President, Madurai Senior Citizens Movement, Mr. Jawahar and Ms. Gabrielle of Tamil Nadu Theological Seminary, Ms. Kameswari, Womenâ€™s Collective, Mr. Mahaboob Batcha, Executive Trustee, SOCO Trust and Mr. Sikandar, District President, TMMK. The vote of thanks was delivered by Mr. P. Shanmugavelu, Headquarters Secretary, CHRM.
All the speakers spoke of the work of Dr. Binayak Sen as a human rights defender and in PUCL and condemned the judgment passed by the Court. The main demand placed by speakers at the demonstration to the Indian Judiciary in order to protect its own dignity from the undignified injustice it delivered through the judgment ordering life term for Dr. Binayak Sen was that the Supreme Court calls for records in this case and uses its suo moto powers to hear the case and render justice as per law and in the interim, grant Dr. Binayak Sen interim bail.