The bail granted to Binayak Sen would have a detrimental effect on the criminal justice system. The verdict is being perceived as a testimony to the perfect Indian legal system. I am afraid that it’s far away from the truth. This man should have been denied bail in light of facts that are associated with this case. The Supreme court has been astonishingly liberal in dealing with the facts associated with this evil doctor. Surprisingly, it has nothing else to state other than treating the Sen as mere ” sympathiser(of Naxalites)” and, therefore,“ no case of sedition is made out against him and the evidence is baseless”. The bench comprising of Justice HS Bedi and CK Prasad stated: “ 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.”
Ignoring the fact that this man has close contacts with likes of Narayan Sanyal, the Supreme court bench came up with the flawed opinion that the possibility to pass information to jailed Naxal leaders Narayan Sanyal and Piyush Guha is absolutely impossible. “Visitors are screened and searched by the jail staff. Jailors are there to oversee all these things. So, the question of passing letters or documents doesn’t arise.” Anybody who knows the Indian jails know quite well that all big criminals are operating from inside the jails. The contract to kill (Supari) is being ordered from inside the jails via the mobile. A surprise raid in any Indian jail would always lead to discovery of drugs, weapons, mobile phones and other prohibited things.
If one goes by the logic of Supreme court, these things should never be found in possession of the prisoners. However, the reality is otherwise. The bench decided to ignore this obvious reality is really bothering to a thinking mind like me. Is it not aware of the fact that high profile prisoners are living a luxurious life inside the jails ? How is that possible unless they are being supplied with prohibited articles in a secret way? It’s indeed baffling that Supreme court bench weakened and twisted the grounds projecting Sen as guilty.
Interestingly, it finds no meaning when one meets hardcore criminals. I never imagined that conspirators and co-accused are not equally guilty as accused. The verdict to grant bail to Binayak Sen demolishes the elements inherent in law related to conspiracy. One of the principles involved in making of a conspiracy is quite clear that “it is not necessary that each conspirator must know all the details of the scheme nor be a participant at every stage.” It’s really strange that when one meets with hardcore criminals so many times in jail it amounts only to being a “sympathiser “. Now who isNarayan Sanyal ? He was the active member of ” Naxalite movement led by Charu Mazumdar in late 1960s and was a member of Kolkata’s Dalhousie local committee. He was a founder member and politburo member of the CPI-ML (People’s War).”
What’s the need for Police to arrest the aides/accomplices of main accused/criminal? They should be ignored as mere symapthisers. The police should not waist time in nabbing them. However, the reality is that police may or may not pick the main accused but it readily arrests many on grounds that they provided helping hand in direct or indirect way to the accused. If that’s the case, the person like Binayak Sen found guilty of helping the Naxalites should not have been given any room to prove otherwise. Look at this two evidences. There are letters besides electronic documents that show correspondences with the banned organizations. He has the guts to meet with hardcore Naxalite leader Naryan Sanyal more than 33 times in jail. He also possesses banned literature but Court downplays its importance with its remark that ” If Gandhi’s books were found in my house, would that make me a Gandhian?” This simplistic take on the whole issue is quite amazing.
One would love to know in what capacity Sen was in touch with hardcore Naxalite leaders? Was he Sanyal’s advocate that he met so many times with him? The fact that he not only owned Naxalite literature but also in touch with dangerous Naxalite leaders are enough to hail him as guilty. These are sufficient material evidence and therefore the stand of Supreme court that ” state could not slap sedition charges on Sen unless there was material to show that he was actively preaching or propagating Maoist ideals ” is not appropriate. What else one should produce in name of material evidence ? Even circumstantial evidences are enough to prove anybody guilty and here we have strong evidences but still there is want of material evidence? Isn’t it sound strange when Supreme court demands more material evidence?
The High court while dismissing the bail plea of Binayak Sen had absolutely agreed with the arguments of prosecution and prima facie found Binayak Sen guilty. The prosecution had convinced the bench that Binayak had strong links with the Maoists. The prosecution had argued that “the trial court has already convicted Sen on charges of sedition. The documents seized and the circumstances in totality qualify for the requirement for conviction on the charges of sedition.” His organisation “Rupantar” had members having links with the Maoists making it clear that “it’s not just a simple case of a doctor engaged in social service.”
The way Supreme court has gone out of the way to grant bail is pretty disturbing as we find that this very Apex court has earlier rejected the bail plea of Binayak Sen in December 2007. The Bench comprising of Justices Ashok Bhan and D K Jain had rejected the contention of Sen’s defence counsel that there was no evidence to suggest that he was involved in naxal activities.The bench had then dismissed the petition stating that “sorry, we do not agree with you.” It’s really surprising that now Supreme court has taken such a liberal stand against a person who is guilty of acting as a courier between dangerous minds like Sanyal. It preferred not to give strong reasons why it felt that way other than posing awkward questions to prosecution. The verdict dangerously paves the way for treating a co-accused as simply “sympathisers”.
One needs to anticipate this present judgment very consciously. This is very discouraging for all the people who are involved in war against the anti-India elements. This is not a way to fight war with the wrong elements. One need not to provide oxygen to wrong forces in anyway. Let’s have the guts to call a spade a spade. Let’s expose and punish the people disguised as gentlemen but in reality are the agents of Satan(devil). The decision of Chhattisgarh government to pursue this case seriously is, indeed, a heartening news.
The Supreme Court Rejects Bail
Law Related With Conspiracy
High Court Rejects Bail