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May 26, 2007
Chattisgarh Govt Arrests Rights Leader

Dr. Binayak Sen was produced today in the court of the Additional CJM at Raipur along with the co-accused, Mr. Pyush Guha. Dr. Sen was sent on judicial remand to Raipur Central Jail until 5th June, 2007.

The government of Chhattisgarh has arrested Dr. Binayak Sen, an esteemed member of India's medical community. Dr. Sen is a noted human rights activist and General Secretary of the People's Union of Civil Liberties in Chhattisgarh. He has worked tirelessly striving for the betterment of Indian society, bringing medical help to those who otherwise would suffer, particularly the poor. He helped establish the well-known Shaheed hospital for mineworkers and was state coordinator of the people's health campaign Jan Swasthya Abhiyan on behalf of National Alliance of People's Movements (NAPM).

An online petition protesting what may be a politically motivated arrest and demands for safeguard of liberties and human rights is being circulated – please sign on the petition.

People’s Union of Civil Liberties has reason to believe that the arrest has been made on false charges, express fear for the life and liberty of Dr.Sen, and urges the government to act immediately to safeguard his freedom and human rights.

Dr.Sen and PUCL have consistently and courageously highlighted gross human rights violations and injustices being committed in Chattisgarh. Various rights-based are following with deep concern media reports of continuing civil-war like situation in Chhattisgarh, which is causing great deal of concern at national and international level. It is notable that even police officer K.P.S. Gill, who was an adviser to Chhattisgarh government for tackling Naxalism, has stated in a recent interview with Tehelka that in order to win the confidence of tribals, the government must "Improve their villages. Give them land rights. The problem in Chhattisgarh is not Naxalism. It is the administration."

The police had applied for permission from the Court to examine the CPU of his Computer by an expert, which was seized during the search on 19th June. Dr. Sen's lawyers had moved an application yesterday that the CPU be examined in the presence of two independent witnesses with knowledge of computers. During the hearing today, the State opposed the application on the grounds that there was no such provision in the CrPC, and that both the parties, the police and the accused, would not be present during the examination of the CPU by an expert to be appointed by the government. However, after hearing both the parties, the Honourable Court passed an order that the CPU would be examined by the government expert in the presence of the District Head of the National Informatics Centre, and a lawyer suggested by the accused with knowledge of computers. Advocate Saurabh Dangi's name was suggested by the lawyers of Dr. Sen, who practices at Chhattisgarh High Court at Bilaspur.

Dr. Binayak Sen informed the concerned court that the police escorts tried to handcuff him at the jail gate, which he protested. The court has finally ordered that he should not be brought in handcuffs from the Raipur Jail and back until it was really necessary to do so.

During the day's proceedings, PUCL members, social activists, friends, family, students and other citizens were present to express solidarity with Dr. Binayak Sen.

The Bail application for Dr. Binayak Sen was moved by his lawyers today. The hearing on the Bail application would be held in the Sessions Court at Raipur on 24th May, 2007. During this hearing, prominent lawyers from Delhi , Calcutta are likely to be present.

A search of Dr Binayak Sen’s house yielded no incriminating evidence, and the police party returned with a few books, documents, letters, news-paper clippings, cds, and the Computer CPU.

Although the police was claiming in front of the media that they had found some significant documents, a copy of the seizure memo enlisting all the material exposes the "white lie" of the police. These are as follows:

·        Five  CDs, mostly  pertaining to the various investigations regarding Fake Encounters in Gollapalli, Katgaon, Surguja, and Jharkhand, which were made during the PUCL investigations, and contain interviews with the concerned citizens. PUCL has been distributing these for the last two years. The Computer CPU, yet to be examined by experts.

·        A post-card dated 3.6.2006 written to Dr. Binayak Sen by the CPI (Maoist) leader, Sri Narayan Sanyal lodged at the Raipur Central Jail, regarding his health   as  well as  legal  case, which is duly signed by the Jail authorities carrying the Seal of the Jail Authorities;

·        News-paper clippings dated 19.6.2006, 8.4.2006, 27.8.2006, 26.12.2006, 21.8.2006, 8.1.2007, 21.12.2006 (Total 10 paper cuttings)

·        A Yellow coloured booklet "ON THE UNITY  BETWEEN  CPI (Peoples' War)  AND MAOIST COMMUNIST CENTRE" in Hindi

·        A Letter written by Madanlal Banjare (a member of the CPI- Maoist) from Jail addressed to "Priya Comrade Binayak Sen" revealing the inhuman conditions and illegal activities in Raipur Central Jail. (PUCL NOTE: This letter was later sent to all newspapers and electronic media by the PUCL, and was prominently published in some newspapers)

·        A Xeroxed  Article in English entitled: "Naxal Movement, Tribals and Women's Movement" (PUCL NOTE: This Article is based on a dialogue carried out in Andhra Pradesh   during the period of the Peace Talks and was later  published in the prestigious periodical Economic & Political Weekly, Mumbai)

·        A hand written photocopied note of 4 pages on "How to build an Anti-US Imperialist Front."

·        Eight page Article entitled: "KRANTIKARI JANWADI MORCHA (ITF) VAISHAVIKARAN AWAM BAHRTIYE SEVA  KSHETRA; (Globalization and the Service Sector in India)

·        A recent document dated 18.7.06 of CPI (M) "Recent Police Activities and Labourers".

·        A Book on 'SALWA JUDUM :Bastar ki janata par Fasivadi hamla'  published by the Committee of Tribals affected by Salwa Juroom (48 pages); in which on page number 41 is a Press Release Maowadiyon aur Bhautiki Jan Samsayayon par Jari Barbarta   sarkaar prayojit Salwa Judum ka Virodh Karo dated 11th March 2006 ( One page);

·        One issue of 'Peoples' March' (December 2004)published from Ernakulam, Kerala, (Registration Number :RNI N0: KER/ENG 2000/2051)

        

During the Search, four independent witnesses were allowed from the side of Dr. Binayak Sen & Dr. Ilina Sen. These included: Adv Sudha Kasar, Ms. Shobha Yadav, Dr. Lakhan Singh and Mr. Ajay T G. A Cameraman was also permitted to take the Video-film of the entire proceedings. From the side of the police, four independent witnesses and police personnel in large number were involved in the Search led by Mr. B B S Rajput, Superintendent of Police, (Urla), who is also the Investigating Officer in the case.The police conducted its own videography of the search. Dr. Binayak Sen's lawyer, Adv Sadiq Ali was also present during the proceedings.

During the entire activity, PUCL office-bearers and members were present, along with representatives of people's organisations and intelligentsia. Prominent among these were, Com Janak Lal Thakur, President and Former MLA, Chhattisgarh Mukti Morcha (CMM), Com Sheikh Ansar, Vice-President, CMM, Adv Gautam Bandopadhyay, Nadi Ghati Morcha, Ms. Asha Shukla, Senior Journalist, Sri Suresh Sahu, Roopantar, and the following members of the State PUCL Executive Committee: Com Basant Sahu, Bulu Bahen, Sr. Panna, and State PUCL President, Adv Rajendra K Sail.    

Dr. Binayak Sen was not allowed to speak to the media, present in larger numbers. However, Mr. B B S Rajput addresses the media giving the police version. Dr. Binayak Sen protested against it, but was forcibly carried away to the waiting police van. Later, members of PUCL and People's Organisations raised slogans against the police and demanded immediate and unconditional release of Dr. Binayak Sen. Dr. Ilina Sen addressed the media giving the facts, and the list of documents seized.

PUCL has strongly protested against the police curtailing the freedom of Dr. Binayak Sen in not permitting him to give his views and version to the media. It is often seen that at their own convenience, the police was present the accused in their custody to speak to the media, mostly representing their version, and getting the glory for what they consider as the "valuable catch".


Related Links
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How Should the Indian Democracy Address Naxalism?
Will a Rapist Police Officer be Held Guilty? Posted by collective at May 26, 2007 10:23 AM
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