Saturday, April 16, 2011

Binayak Sen gets bail

Supreme Court today granted bail to rights activist Binayak Sen, Saying, he is not guilty of sedition. Sen had been convicted and sentenced to life imprisonment by a Chhattisgarh trial court for sedition and helping Naxalites to set up a network to fight the State. The apex court said it was giving no reason for granting bail to 61-year-old Sen and left it to the satisfaction of the trial court concerned to impose the conditions for his release on bail. A bench comprising Justices H S Bedi and C K Prasad passed the order on the petition moved by Sen challenging the order of Chhattisgarh High Court denying him bail. During the hearing, the bench observed that India is a democratic country and Sen may be a sympathiser of Naxalites but it did not make him guilty of sedition. Senior advocate Ram Jethmalani, appearing for Sen, submitted in his affidavit that the state has been unable to point out misconduct on his part. The bench also said that all the statements made by the state has no relevance. It said other documents and evidences produced by the state government, including his meetings with co-accused Piyush Guha 30 times in a jail and pamphlets and documents relating to Maoist activities recovered from his possession did not mean that he was involved in seditious activities. However, senior advocate U U Lalit, appearing for the state government, said that no case is made out for the bail and submitted that the activities of Sen have to be seen in a broader perspective. Government today welcomed the Supreme Court order granting bail to rights activist Binayak Sen and said there is a need to revisit laws like sedition. Union Law Minister M Veerappa Moily said, if any law is not in conformity with constitutional aspirations, there is a need to re-look or propose amendments to such enactments. Dubbing sedition laws as outdated, Moily said, he would soon consult Home Minister P Chidambaram and after he agrees, the matter could be referred to the Law Commission to study whether there was need for change in sedition laws. He said bail to Sen also reflected upon the investigations carried out by Chhattisgarh Police. Mr. Chidambaram in his reaction said, he always believed that if somebody is not satisfied with a lower court order, one can get reprieve by approaching a higher court. Chhattisgarh Chief Minister Raman Singh said that his government respects the Supreme Court's decision of granting bail to Sen, but added that the pending legal process will continue in High Court at Bilaspur. Binayak Sen's lawyer Ram Jethmalani said, the verdict is an endorsement of the right to freedom of speech as a principle of democracy. Similarly, Sen's family members and friends also expressed happiness over the Supreme Court order. BJP today said it respected the Supreme Court decision granting bail to rights activist Binayak Sen but maintained that the case is still on in the Chhattisgarh High Court and the party hopes the trial will be held on merit. BJP Chief spokesperson Ravi Shankar Prasad said, expressed the hope that trial in the high court would be just and based on merits of the case

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