BINAYAK SEN JUDGEMENT PDF

Given below is the full text of the judgement sentencing Dr Binayak Sen for life. It is a translation from the Hindi. The translation has been done. Binayak Sen is an Indian paediatrician, public health specialist and activist. He is the national .. Against this judgement, Binayak again applied for bail on 6 January An eight-member delegation of the European Union were present at. Sanhati Statement on the Binayak Sen Judgement. We are deeply anguished by the convictions and sentences of Dr. Binayak Sen, Piyush Guha, and Narayan.

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Retrieved 16 April High court reserves order”. Vinayak Sen and Narayan Sanyal were heard on the question of penalty. These allegations have not been substantiated or judgemenh and have prevented Dr. Retrieved from ” https: Binayak Sen and Ilina Sen also used to come to these meetings. The witness further said that during his tenure, Narayan Sanyal used to get things from outside the jail by submitting applications.

Binayak Sen gets life term

At that time, he saw prisoner Ramesh given something by accused Narayan Sanyal. Did the accused on the mentioned date, place and time, while being a member of an unlawful organization participate in meetings or activities of said unlawful organization, participate or receive a communication to participate or send a communication to participate or request a communication to participate in meetings or activities of such unlawful organization, and by doing so commit an offence of criminal conspiracy, through Naxalite literature, magazines, letters, newspapers, CDs, cassettes, computer CPU, etc.

Sen has sought bail contending that the trial court has erred in convicting him as there was no substantial evidence against him.

And so, it usually does not get debated in the intellectual circles. This proves the unity of minds of the accused and the facts of criminal conspiracy for sedition against the State. In this connection, witness Ramesh PW 16 did not support the prosecution statements and tried to mislead the court by giving roundabout answers.

Jā€” SCAjab Singh vs.

These are recorded as entries srn register, Exhibit P binayakk Bench while rejecting his arguments observed: She worked in the school for 7 months and then stopped coming to the school.

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The above testimony of this witness was not challenged by the accused during the cross-examination. Fill in your details below binatak click an icon to log in: State of RajasthanCr. Sen, transcript and audio. Sen seeking adjournment of the matter. The police had carried out the seizures from him of letter relating to Narayan Sanyal and the order book as per seizure memo Exhibit P On 7 JuneSen’s wife Ilina Sen wrote a letter to the National Human Rights Commissionstating that the couple’s work “has always been in the public sphere and completely overboard [above board] for the last 20 years and more.

The court denied bail to him during the subsequent hearing.

Full text: The Binayak Sen Judgement (English Translation) | KAFILA ā€“ 12 YEARS OF A COMMON JOURNEY

The Director of Rupantar organization is Ilina Sen. Ruling in the famous Kedarnath vs State of Bihar case, the court asserted then that a prosecution cannot sustain a charge of sedition against an accused if the accused did not directly incite violence. The above testimony of this witness was not challenged by the accused during cross-examination. Related Videos Dr Binayak Sen found guilty of Special public prosecutor argued judgementt all accused should be punished with the maximum penalty.

Accused Vinayak Sen has presented the argument that Article A is not mentioned in the final report and seizure memos, and that mudgement copy of the chargesheet provided under Section of the Code of Criminal Procedure does not have the signature of the accused Vinayak Sen on Article A, hence said document has been fabricated by the police to falsely implicate the accused in this case.

But the point to understand here is the law of sedition that Sen was accused of, binahak evidence brought to court, and whether the evidence supports the charge. He said he was in Bilaspur jail ibnayak Urban network of Naxalites, meaning CPI Maoist, helps the rural networks by providing them with arms, ammunition, weapons, medicine and material for propaganda.

He also knows Soma Sen. To prevent planting of evidence, all the material seized from an accused’s house is supposed to be sealed in the presence of witnesses, before being taken away.

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The abovementioned juvgement of Dr. In JulySen’s bail was rejected by the Chhattisgarh High Court after Police claimed that they had got incriminating evidences against Binayk Sen from his hard disc belonging to him. Disaffection towards government Ever complained to your visiting sister-in-law about the bureaucratic stonewalling you got while trying to get a duplicate of your Delhi University degree?

The bench passed the order despite counsel for Dr. The order book is shown as Exhibit P 24 and photocopy of it as P 24C. You are commenting using your Facebook account. According to Defence Witness No. The counsel for the accused did not contradict any of the above stated facts during cross-examination, and their aforesaid statements remained uncontradicted in the cross-examination.

However, the jailors at the prison have unequivocally stated that the conversation between Sen and Sanyal took place under police supervision. Although the prosecution claimed this was done, the defence alleged it was not. Judyement numbering is done as follows: SC grants bail to Binayak Sen ā€” 15 Apr “.

The document is Exhibit P If there were any lacunae in the copy, the accused should have immediately informed the court but defence witness number 5 Amit Banerjee clearly accepted in his cross examination that no application was submitted to the court that the received copy was not judgwment accordance with the original chargesheet. This proves that the prosecution followed procedure and filed the chargesheet against the accused in the court only after they obtained required permission and sanction for prosecution.

Binayak Sen gets life term

Retrieved 22 April On account of his involvement with Naxalites, accused Narayan Sanyal was under surveillance. The facts of the case laws cited by accused Pijush Guha, State of Rajasthan vs. Since this witness was deposing under Main Exination, and since the document presented were mudgement to his statement and for the resolution of the case, the objection was overruled.