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Supreme Court Today Given Bail to Binayak Sen

Published on April 15, 2011 by Admin   ·   No Comments
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The Supreme Court today granted bail to rights activist Binayak Sen, who has 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 Supreme 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 Mr. Sen challenging the order of Chhattisgarh High Court denying him bail. During the hearing, the bench observed that “we are a democratic country. He may be a sympathiser (of Naxalites) but it did not make him guilty of sedition.

“He is a sympathiser. Nothing beyond that,” the bench further said, perusing the affidavit filed by the Chhattisgarh government opposing his bail. Senior advocate Ram Jethmalani, appearing for Dr. 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 that he met co-accused Piyush Guha 30 times in a jail and pamphlets and documents relating to Maoist activities were 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 Mr. Sen have to be seen in a broader perspective. When the bench asked him whether his activities in any way connect to the offence of sedition, Mr. Lalit said, “My case has been accepted by the trial court and the apex court has only to consider whether he can be granted bail or not.”

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