New Delhi: The Supreme Court bench in New Delhi hearing on Dr.Binayak Sen, a social activist and a bail order for him, stated that no proper case was made against Sen for sedition by a lower court to sentence him for life imprisonment, any more than a man holding a book on Gandhi could be called a Gandhian.
Justice H.S Bedi and Justice CK Prasad made a scathing observation against the state that held Sen guilty of sedition. The Supreme Court bench ridiculed the Chattisgarh state prosecutor for his submission that Sen was spreading disharmony and disaffection against the state. Even if stat’s contention about Sen having banned material in his possession was true and that he was involved in the circulation of such material was found factual, that did not justify the charge of sedition, as if a man holding Gandhiji’s biography in hand could be a Gandhian, the Court mocked at the state.
Dr. Binayak Sen lodged in a jail at Raipur, had challenged the Chattisgarh High Court order of Feb.10, 2011 while rejecting his bail plea, had moved the Supreme Court. He had been sentenced by a trial court on 24-12-2010 for “sedition”, for acting as a courier between the Maoist ideologue Narayana Sanyal in jail and a Kolkata-based businessman, Piyush Guha, both jailed for life.
The Chattisgarh state govt., told the High Court that he had same philosophy as that of 9CPI (Maoist) and was addressed as a comrade by hardcore Maoist naxalite activists. Sen provided active support and did co-ordination in spreading the base of Maoism in India. He arranged safe hideouts in rented houses, opened new bank accounts and getting employment through trusts, the state had argued. The state govt. claimed that Sen was helping Maoists to build an urban network.
But the apex court did not find any evidence of sedition in such sympathetic work against Dr.Sen.
The Supreme Court bench thereafter granted bail today to Dr. Binayak Sen (61) with an order to set him free against earlier orders passed by state High Court.