Two years has been a long wait for human rights activist Dr. Binayak Sen. "Free-Binayak Sen" was a cause celebre and evoked attention at national and international level. Letters from Nobel Laureates, lack-of-proof against Dr. Sen - did not help in getting a release for him. His failing health was the primary reason for the bail – which was granted on 25th May 2009. Dr. Sen's story would only be the tip of the iceberg in many stories of detention and prolonged jail-stays for human-rights activists. It would thus be too early to celebrate Dr. Sen's release as victory of civil-liberties.
Dr. Sen was a vocal opponent of Chattisgarh state's anti-naxal measure: Salwa Judum - which has led to forcible displacement of 1,00,000 tribals and looting, burning, beatings and torture. Dr. Sen was arrested on 14 May 2007 on the grounds that he met CPI (ML) leader, Navin Sanyal, 33 times in Central Jail and used to carry letters written by Mr. Sanyal to this other associates regarding unlawful activities of the organisation. It was also alleged that he had arranged for a house on rent for the organisation's activities and planned to commite unlawful activities in Chattisgarh. The Chattisgarh High Court rejected Dr. Sen's application on the grounds that there was prima facie case against him.
Dr. Sen was refused bail by the Chattisgarh Sessions Court and High Court (twice), and by the Supreme Court - Dr. Dhavan argued one of the bail applications for Dr. Sen, which was dismissed in December 2007. Dr. Dhavan also questioned the DGP Chattisgarh as to why he should not resign for the blatant human rights violations committed by the police in Chattisgarh (see video).
As observed by Justice Krishna Iyer in Balchan case (1974), "...The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the Court..."
In the Amarmani Tripathi case (2005), the Supreme Court laid down matters to be considered in a bail application - whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi)likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, or course, of justice being thwarted by grant of bail.
The good doctor turned himself in when he heard during a visit to Kolkatta that the Chattisgarh authorities were looking for him. Also, there were no more witnesses left for Dr. Sen to influence them. He has been honoured by the Indian Academy of Social Sciences and recently won the Jonathan Mann Award for Global Health. Were not these reasons enough to grant him bail?
The fight for civil liberties is a continuous process. Dr. Sen's bail should not be the end of the movement, but rather a beginning. More such cases should be highlighted. The fight against draconian laws like the Unlawful Activities (Prevention) Act 1967 and Chattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 has to be taken ahead.
- PILSARC Editorial
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