LIFERTO DEMOCRACY: MISCARRIAGE OF JUSTICE

Dr. Binayak Sen, a celebrated Human Rights activist and a highly

devotedphysician to the downtrodden, found guilty of sedition by a Raipur
SessionsCourt along with Maoist ideologue Narayan Sanyal and Piyush
Guha. The Court held Dr. Sen guilty under sections124A and 120B of Indian
Penal Code, 1860, sections 8(1), (2), (3) and (5) ofChhattisgarh Special
Public Security Act, 2005 and section 39(2) of UnlawfulActivities
(Prevention) Act, 1967.
Dr. Sen was arrested on May 24, 2007 and after 2 years got bail only after
theinterference by Supreme Court. Dr. Sen was alleged to have carried
letters fromNarayan Sanyal to Maoists. Police recovered these letters from
Piyush Guha, whowas arrested on 6th May but Guha claimed in the Court
that he was arrested on1st May. The surprising fact is that these letters do
not carry any name, dateor signature and Prosecution could not establish
any correspondence, telephoniccontact and meeting between the duo.
Police recovered Marxist literature andother Communist documents, some
reports of human rights, CDs, etc from theperson and possession of Dr. Sen.
Nothing is incriminating in this. Thesematerials can easily be possessed by
an intellectual. Prosecution produced aletter of CPI (Maoist) which was
alleged to have been recovered from Dr. Sen'shome but interestingly this
letter also does not bear any signature. Policeeven did not mention this in
the seizure list. Unambiguously, it was a fakeletter. Police even ridiculously
alleged that Dr. Sen's wife was in contact of InterServices Intelligence (ISI),
but it was proved that she sent an email to Mr.Walter Fernandes, ex-
Director of Indian Social Institute (ISI). The whole storyitself suggests that
the conviction of Dr. Sen cannot be vindicated anyhow. Itcan only be
condemned because it is nothing but the mockery of justice andmiscarriage
of the same.
Dr. Sen, as Secretary of People’s Union For Civil Liberties (PUCL), lifted
veilagainst various fake encounters by Police, He openly criticized the
atrocitiesof 'Salva-Judum'. He said that not only naxal hit pockets but also
the naxalfree pockets of the country are suffering from poverty,
unemployment, malnutrition,starvation, etc.
India is really incredible where criminal, corrupt, dishonest who interferes
inthe corridors of power, influences the structure of Cabinet could not be
heldguilty of sedition but a person who has devoted himself for the
betterment ofthe Adivasis and other poverty stricken people could easily be
held guilty ofsedition. Dr. Sen is one of the most unfortunate persons
of presentdemocratic India, who was awarded life imprisonment. Had he not
devoted himselffor downtrodden, he could have spent a lavish and luxurious
life with lots of 'SarkariSammaan'.
I strongly protest the conviction of Dr. Binayak Sen with anticipation of your
valuable support . It is a black spot onIndian democracy. I invite your
comment on this burning issue.

Nishant Kumar Jha,

Advocate, Patna High Court,
09934431232
nishantjha1@gmail.com