Supreme Court grants Dr Binayak Sen bail
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The Supreme Court has finally granted Dr Binayak Sen bail, after two long years. Human rights activists hope the case will be resolved soon
Winner of the prestigious Jonathan Mann Award for Global Health and Human Rights for his services to poor and tribal communities and his unwavering commitment to civil liberties and human rights, Dr Binayak Sen was granted unconditional bail by the Supreme Court on May 25, 2009.
Sen, national vice-president of the People’s Union for Civil Liberties (PUCL), was arrested on May 14, 2007, and charged under the Chhattisgarh Public Security Act 2005 and Unlawful Activities (Prevention) Act 1967 for allegedly acting as a courier for jailed Naxalite ideologue Narayan Sanyal. He denies the charges, attributing his arrest to his criticism of atrocities by the state in its war against the Naxals.
The Supreme Court admitted Sen’s petition after many attempts at getting bail were denied. As senior counsel Shanti Bhushan rose to present Sen’s case before the vacation bench of Justices Markandey Katju and Deepak Verma, he was interrupted by Justice Katju.
“Bail is granted on personal bond,” said the judge who had read the written brief earlier. The hearing was over in 30 seconds. The court turned down the Chhattisgarh government’s repeated pleas. “Thank you, please sit down,” the judge said twice when government counsel and former Additional Solicitor General Mukul Rohtagi stood up to oppose the bail application.
The 59-year-old Chhattisgarh doctor and civil rights activist is now free to travel anywhere.
Sen’s trial, currently on in the Raipur sessions court, is alleged to be politically motivated. Twenty-two Nobel Laureates, several MPs and prominent citizens have spoken out against his arrest. Amnesty International described him as a “prisoner of conscience”.
Sen was in Raipur being taken from the central jail to the sessions court for the hearing when the news broke. “He was quite numb when I first told him,” Sen’s brother Dipankar said while adding that the doctor had then whispered “thank all those who have fought for this”.
Sen’s wife Ilina said the court order, though “delayed”, ended her “personal ordeal”. “I am very happy that my personal ordeal is over. The judiciary has stood up for what is correct. He was held on trumped-up charges,” she said.
When asked if her husband would continue working for public health in the tribal areas of Chhattisgarh, she said: “I know that the health services that he was providing have suffered in the last two years. But at the moment I am waiting for him to be released and want him to recover from his health problems.”
Chhattisgarh PUCL president Rajendra Sail welcomed the apex court’s decision: “He (Sen) should have got bail two years ago. Bail is a matter of right, and denial is an exception.” Sail added that there was a “sense of relief” among Sen’s supporters. “Our stand has been vindicated.”
Reacting to the order, Chhattisgarh Chief Minister Raman Singh said: “Our stand was clear right from the beginning. Let the law take its own course. We have full faith in the judiciary.” Asked if the prosecution had failed to put up a strong case against him, Singh said: “Bail has nothing to do with the ongoing trial in the court.”
On May 4, the Supreme Court issued a notice to the state government on Sen’s bail plea in which he had submitted that since the chargesheet against him had already been filed, no purpose would be served by his continued detention in prison.
The court also asked the government to ensure adequate medical attention to the human rights activist. Besides pleading that he had been in jail for over two years, Sen sought bail on medical grounds saying that he was suffering from a heart ailment and needed treatment at his alma mater Christian Medical College, Vellore, in Tamil Nadu.
May 25, 2009, is a day to remember for Indian rights activists and civil society that had been crying out for justice for Sen. Gautam Kumar Bandyopadhyay, a rights activist and convenor of the Chhattisgarh-based NGO Nadi Ghati Morcha, described the granting of Sen’s bail as a “victory of human rights in the state”.
Source: The Indian Express, May 26, 2009
Hindustan Times, May 26, 2009
The Economic Times, May 26, 2009
IANS, May 26, 2009