BINAYAK SEN JUDGEMENT PDF

The article was hailed as reaffirmation of support to Dr Sen by the international community by Ilina Sen. In this capacity, he helped organise numerous investigations into alleged human rights violations carried out during anti- Naxalite operations. The alleged violations included the murder of unarmed and innocent civilians by the anti-Naxalite movement Salwa Judum. In a interview, Sen stated that he does not condone the Naxalites , does not approve of their violent methods, and has spoken strongly against them several times.

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The article was hailed as reaffirmation of support to Dr Sen by the international community by Ilina Sen. In this capacity, he helped organise numerous investigations into alleged human rights violations carried out during anti- Naxalite operations. The alleged violations included the murder of unarmed and innocent civilians by the anti-Naxalite movement Salwa Judum. In a interview, Sen stated that he does not condone the Naxalites , does not approve of their violent methods, and has spoken strongly against them several times.

But, he also expressed his opposition to the violent activities carried out by Salwa Judum , which he believes, have created a split in the tribal community. The citation describes him as "one of the most eminent scientists" of India. He staffed a hospital created by and funded by impoverished mine workers, and he has spent his lifetime educating people about health practices and civil liberties—providing information that has saved lives and improved conditions for thousands of people.

His good works need to be recognized as a major contribution to India and to global health; they are certainly not a threat to state security. The award announcement remarks "Dr Sen, as an accomplished medical practitioner has distinguished himself by his devotion to providing health services for the poor and by his strong advocacy against human rights violations and structural violence inflicted on the poor in Chhattisgarh, a state in central India.

On 15 May , Sen was presented before a local court where he was denied the bail and was remanded to judicial custody. On 18 May, he was produced in the Sessions Court, Raipur. The search was conducted lawfully the next day. Amnesty International , which saw the arrest as harassment of a human rights activist, declared his detention in breach of international law. It issued a call to the Government of Chhattisgarh to immediately release Sen, unless he could be charged with a cognisable offence.

It states that Ramesh Gopalakrishnan, of Amnesty International, offered the following comment to BMJ about the supposed charges: "These offences allow sweeping interpretations of criminal intent. Activists in India are arrested all the time on such charges, which give wide, arbitrary powers to police. He should be released immediately.

They pointed out that these visits took place in the Raipur jail, following procedures laid down in the jail manual. He stated that instead of getting his due honour for his service, Sen had met with an unfortunate verdict. Sirpurkar at the Supreme Court of India sought a response from the Chhattisgarh government after senior counsel Soli Sorabjee claimed that Sen was illegally detained since 14 May on fabricated charges of supporting Naxalites.

The DGP has stated his belief that "Dalits movements, women empowerment movements, human rights movements, environment protection movements" are all suspect because Naxalites want to penetrate and hijack "movements not linked with CPI. This does not mean that you are immune. This also does not mean your are not associated with banned activities. The prison authorities stated that this was for his security.

Sen remains imprisoned, after nearly one year without trial, on allegations that he passed notes from a rebel leader whom he treated in jail to a person outside the prison. Sen has denied all wrongdoing and nothing in his character or history, as a dedicated community leader who has urged a peaceful settlement to this conflict for years, would support the accusations made against him. These allegations have not been substantiated or proven and have prevented Dr.

This is "in contravention of Articles 19 freedom of opinion and expression and 22 freedom of association of the International Covenant on Civil and Political Rights — to which India is a state party — and that he is charged under two internal security laws that do not comport with international human rights standards," it added.

The Government feels that the issue around Dr Binayak Sen is a well orchestrated campaign and just because he is selected for a western award, does not make him less guilty in their view.

It asked the state government to provide "best medical aid" to Sen, who is suffering from a heart ailment. They were sentenced to life imprisonment. An eight-member delegation of the European Union were present at the court during the entire hearing. On 25 January , the Chhattisgarh High Court heard his bail plea for the second consecutive day and then fixed 9 February for the next hearing.

The court denied bail to him during the subsequent hearing. Sen had moved the apex court challenging the order of the Chhattisgarh High Court which had rejected his bail plea on 10 February Sen has sought bail contending that the trial court has erred in convicting him as there was no substantial evidence against him.

Human rights and social activists have described Dr. A bench of justices H. Bedi and C. Prasad asked the Chhattisgarh government to file its response within four weeks. The bench passed the order despite counsel for Dr.

Sen seeking adjournment of the matter. Binayak Sen, after questioning the sedition charge against him [11] [61] [62] and adding that "the question of passing letters or documents does not arise. He may be a sympathiser. That does not make him guilty of sedition.

No case of sedition is made out on the basis of materials in possession unless you show that he was actively helping or harbouring them [Maoists].

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Full text: The Binayak Sen Judgement (English Translation)

Shri T. The undisputed facts in the proceedings are that accused Narayan Sanyal was transferred from Bilaspur jail to Raipur jail for medical treatment; that on being given pen and paper, accused Narayan Sanyal signed the application form for exhibits P. It is also undisputed that the First Information Report was written on It is also undisputed that exhibit P.

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Binayak Sen

Brabar This has been accepted by Narayan Sanyal in his defence statement. Doctors across India started holding free clinics for the poor in tribute to the example of Sen and to peacefully campaign for his release. Vs State of Maharashtra 3 Crimes being different from the present case, the accused cannot get any benefits from these. Sen was awarded the R. Not applicable Accused Dr. Media reports said that no evidence of sedition binayal been produced against the accused by sdn Chhattisgarh Government.

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