SC grants bail to Dr. Binayak Sen, but may be out of jail only on Monday

Agencies

15 April 2011: The Supreme Court has granted bail to Dr Binayak Sen, a paediatrician and a civil rights activist, who had been sentenced to life imprisonment on charges of sedition and links with Maoists. Dr Binayak  Sen, 61, had challenged the order of the Chhattisgarh High Court that had rejected his bail plea on February 10, 2011.

 
A Supreme Court bench comprising Justices HS Bedi and CK Prasad, while hearing the bail petition moved by Dr Sen, said that showing sympathy with the Maoists is no ground to convict him and put him in jail.

 

The apex court said it was giving no reason for granting bail to 61-year-old Dr Sen and left it to the satisfaction of the trial court concerned to impose the conditions for his release on bail.

 

The Supreme Court also quashed the arguments made by the central government opposing his bail and maintained that it could not produce enough evidence to detain him any further. The apex court also rejected sedition claims made by the central government against Dr Sen, while adding that the possession of Maoists literature does not prove Dr Sen’s involvement in Naxal activities.

 

 
“If Gandhian literature is found in my house does that mean I am a Gandhian,” Justice HS Bedi said while countering the argument of the government. The apex court also opined that there could be many like Dr  Sen who sympathise with Naxals.

 

"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 stated, while 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 have no relevance.

 

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 Dr 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, 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."

 

Though the Supreme Court has granted bail to Dr. Binayak Sen on Friday, he may not get an opportunity to walk out of the Raipur jail in Chattisgarh, before Monday, April, 18, 2011.

 
Even if the Supreme Court’s order is brought to Raipur on Saturday, it will not serve any purpose since Saturday, April 16, 2011 is a holiday and the court will not function.

 
The Apex Court order will be produced before the trial court where bail bond will be furnished by Dr Sen following which the court will issue ’release warrant’ to the jail authorities of Raipur, stated the Dr Sen’s counsel.

 
After the SC verdict Dr Sen’s wife, Ilina Sen said, "We have to take copy of the order to trial court and bail has to be activated and Binayak has to be released from jail and lot of work still needs to be done".

 
"Going by all the processes involved and the next two days being holiday, Dr Sen will be out from jail only on Monday", said Farhan Khan, another lawyer of Dr Sen.