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LATEST NEWS UPDATES | New twist to Binayak case by Aman Sethi

New twist to Binayak case by Aman Sethi

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published Published on Jan 27, 2011   modified Modified on Jan 27, 2011

Intervention plea in High Court opposes bail to Dr. Sen

At half past four in the evening on Tuesday, Justices T.P. Sharma and R.L. Jhanwal of the Chhattisgarh High Court were preparing to adjourn for the day when they were interrupted by an energetic lawyer with tousled grey hair.

“Your Honour, we would like to file an intervention application to oppose bail in this case,” began Shailesh Ahuja, marking the latest twist in the high-profile trial of celebrated paediatrician and rights activist Binayak Sen. On December 24 last, a sessions court in Raipur convicted Dr. Sen, businessman Pijush Guha, and alleged Maoist Narayan Sanyal of conspiring to commit sedition and sentenced all three to life imprisonment.

This week, the High Court was hearing arguments for the suspension of Dr. Sen's sentence and grant of bail, when Mr. Ahuja opposed bail. He was appearing for Ranjana Chaubey and Lalita Yadav, wives of the slain Superintendent of Police, Vinod Chaubey, and head constable Sanjay Yadav.

Chaubey and Yadav were among the 26 policemen killed in a Maoist ambush in Rajnandgaon district on July 12, 2009. Yadav was Chaubey's bodyguard and, police say, was killed protecting his senior officer.

The Sen case has polarised those in support of the Chhattisgarh government's controversial counterinsurgency operations and those seeking accountability from the State in its battle against the Maoists. Privately, local journalists have speculated that the Chaubey petition is the Chhattisgarh police's attempt to whittle down the national criticism against the lower court verdict.

“If we are fighting a war, we must support the government. We can ask questions when the war is over,” said Saumil Chaubey, Vinod Chaubey's 22-year-old son, who says neither the government nor the police played a role in drafting his petition. Saumil is Deputy Collector of Raipur, an administrative post offered to him after his father's death.

‘Symbolic act'

“This petition is a symbolic act … a way of telling people that we would be very disappointed if bail is granted. Martyrs have to be given more importance,” said Saumil.

Saumil and his mother said they filed the intervention petition after reading reports that Dr. Sen was represented by Ram Jethmalani, a top criminal lawyer, and that the trial was being observed by a team from the European Union.

The petition, the Chaubeys say, is a protest against the activists and sections of the national media championing the cause of Dr. Sen. The local media almost uniformly supported his conviction.

“Why get foreigners into our High Court,” asked Saumil, echoing a sentiment voiced by sections of the Chhattisgarh political establishment. The BJP's student wing, for instance, organised black flag protests when the EU observers arrived in Raipur.

The petition also cites news reports that the Maoists enforced a week-long lockdown in four districts after the lower court convicted Dr. Sen, Mr. Guha and Mr. Sanyal as proof that the three men were members of the banned outfit. Dr. Sen's family, on the other hand, maintains that he has no links to the Maoists and that he has consistently opposed the use of violence as a political tool. “Throughout the case, the police have created a dust cloud of conspiracy around us,” said his wife, Ilina Sen.

Cross-questioning

During the trial, the prosecution produced two policemen who said Dr. Sen regularly attended Maoist meetings in Bijapur and Dantewada districts. On cross-questioning, however, both conceded that they had no way of confirming their claims. “This is evidence based on informers and statements that were not recorded of people whose identity is not known,” said defence lawyer Surinder Singh, describing the police accounts as “hearsay.”

More accusations

The prosecution has also accused Dr. Sen of helping two ‘hardcore' Naxals — Amita Srivastav and Shanker Singh — get bank accounts. “On what basis are the police calling them hardcore Maoists,” asked Mr. Singh, pointing out that the police had produced no evidence against them despite an investigation lasting two and a half years.

Mr. Singh accused the police of fabricating key evidence and coaching the sole witness whose testimony links Dr. Sen, Mr. Guha and Mr. Sanyal.

The High Court's stance on the Chaubey petition will be clear when a copy of the order is made public in the coming days.

The next hearing is scheduled for February 9.

The Hindu, 28 January, 2011, http://www.hindu.com/2011/01/28/stories/2011012864761700.htm


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