A small step for Indian justice, a giant leap for Binayak!

[An editorial from the same.]

‘Bail granted’ - the magical words rung through the crowded supreme court chamber with the full power of an ace footballer’s match clinching shot to the goal.

It took just 30 seconds for Justice Markandeya Katju to dispel what the dark forces of Indian politics, bureaucracy and so called ‘internal security’ had wrought against the good doctor over the past two years

“I am aware of the facts of the case. He has been already in jail for two years’, said the honourable justice, presiding over Dr Sen’s application for bail before the Indian Supreme Court, refusing to hear the prosecution’s arguments. There was no ambiguity in his judgment at all – two years was indeed too much!

It was a small step for the Indian justice system perhaps, but a big leap for Binayak languishing in Raipur jail for what seems ages now- not just arrested on false charges but denied the basic right to bail for so long.

For the thousands of friends, supporters and well-wishers of Dr Sen in India and around the world the Supreme Court’s verdict of 25 May has come like fresh drops of rain in  what seemed like a wasteland of injustice.

Their various contributions for Dr Sen’s release – small, big, medium – have all added up to precipitate those drops from what seemed to be an unyielding climate of oppression created by the Indian state’s bogus ‘war on terrorism’. A war in which there are no rules, no norms of decency and no inalienable rights of citizens who come in the crossfire between an extremist state and its extremist foes.

It is testimony to the sheer respect and love that Dr Sen has earned from so many that the campaign for his release has persisted over the past two years without ever giving up. There have been times of course when its morale may have sagged a bit but this was always amply made up for by the repeated surge of struggles all around the world, which have made this campaign unprecedented in the annals of the Indian civil rights movement.

The granting of bail is the first sweet victory in a much bitter battle ahead-  a battle that will need all the creative energies, enthusiasm and motivation that has sustained the campaign so far.  We need to see this story to its only possible end- the complete withdrawal of the false charges foisted on Dr Sen or his acquittal by the Indian courts of these charges and – may we demand -even compensation for the injustice done to him.
Editors, www.binayaksen.net

A small step for Indian justice, a giant leap for Binayak!

[In keeping with the tradition of 'borrowing' from friends at binayaksen.net, this- and the post that follows- are updates of a more jubiliant kind!]

# judge did not even want to hear prosecution lawyer! dismissed him in one sentence ‘bail granted’
# binayak will be released in raipur today on personal bond.
# binayak granted bail. judge says two years is too much! please RT
# bail granted!
#     govt affidavit produces no evidence to prove charges against binayak. their case rests on innuendoes about b’s alleged links to maoists
#     case number 22 on now. ten more to go.
#     trial of binayak in raipur court also resumes today.
#     overall mood among defence lawyers is upbeat but cautious too due to bad experience in the past.
#     a lot of interest among supreme court lawyers also in binayak’s case.
#     case number 13 being heard now.  It will take another 20 min to start hearing of binayak’s bail plea
#     justice rajinder sachar is also appearing on behalf of binayak.
#     right now case number 7 is being heard. binayak’s case is number 32
#     once the hearing begins updates will be difficult due to restrictions on mobile phones.
#     lot of media here to cover the case.
#     but the chances are better than ever before. about
#     today is the day. it will be bail or no bail. keep all ur fingers crossed!
#     govt affidavit claims binayak likely to abscond if given bail. complains about media campaign and pressure from foreign nationals!
#     c’garh govt arguing against bail saying the trial is almost over!
#     hearing likely around ‘eleven o clock.
#     shanthi bhushan to appear for binayak. soli sorabjee also present as support.
#     c’garh govt finally filed its counter affidavit last night. contents not yet known.

Latest arrests under Chhattisgarh Special Public Safety Act (CSPSA): A look at the draconian law

[An article by Sudha Bharadwaj, from Sanhati.]

May 16, 2009. This article first appeared on CGNet.

Pawan Verma was a worker – an expert cook in the Canteen and VIP Guesthouse of the erstwhile L&T Cement, now Ultratech Cement plant at Hirmi, district Raipur, Chhattisgarh. A few years ago, fed up with the anti-worker attitude of the management, he took voluntary retirement and lives in village Hirmi. I have known him ever since I fought cases for his union Pragatisheel Cement Shramik Sangh.

Recently he contacted me after it was published in the local newspapers that his daughter Ruchi Verma and her husband Bhola Bagh (both under 30 years of age), and their one-and-a-half year old son had been arrested under Section 8(1) (3) and (5) of the Chhattisgarh Special Public Safety Act (CSPSA). It was alleged that a “Naxalite woman” had confessed to the police that she had put up for a short while with the couple. Section 8(1) of the CSPSA is the penalty for being the member of an unlawful organisation, while 8(3) and (5) concern managing or aiding such an organisation.

Raipur Satyagraha: Week 9: Two Years

This is directly copied from a press release by our friends at the meticulously maintained binayaksen.net site!

Two Years – Too Much!! : Raipur Sathyagraha Update

Press Release
May 14, 2009

Raipur: 225 persons from all over the country courted arrest at the Netaji Subhash Hockey Stadium; at the end of a day of protest here to mark two years of the arrest of Dr Binayak Sen. This the 9th round of the satyagraha which began eight weeks ago in an effort to mobilise public opinion against Dr Sen’s unjust incarceration.

The day’s events began with a public meeting at Buda Talab, where activists from varied organisations (from human rights groups, to trade unions, people’s movements, to women’s groups and student bodies) and community health workers from all over India talked about the many reasons and ways in which they were involved with the campaign to free Dr Sen, and the implications of his arrest for democratic politics in this country.

Protest In Delhi

APPEAL

On 14 May 2009 Dr Binayak Sen, well-known paediatrician and human rights defender, will complete two years in a Raipur prison on false charges of abetting Maoist activity in Chhattisgarh, sedition, and waging war against the State. This committed advocate of civil liberties has spent over three decades in the service of some of the poorest and neglected people in this country and raised his voice relentlessly against atrocities in the State of Chhattisgarh in an attempt to uphold the original values of Indian democracy.

The imprisonment of Dr. Binayak Sen is symbolic of gross injustice and violation of democratic values by the State and the suppression of the voices of human rights defenders.

Please join us in this struggle to preserve our rights, liberty and freedom and show our solidarity in support of a cause that is core to democracy –

For
Two Years Too Much !
An Evening of Protest
To mark the second anniversary of Dr. Binayak Sen’s imprisonment

May 14, 2009
5.30 p.m. onwards

At
The Lawns of Rabindra Bhawan, Mandi House, Copernicus Marg


Artists performing

Music                                                           Poetry
Rabbi Shergil                                                Manglesh Dabral
Dipta Bhog and Yagna                                   Gauhar Raza
Ritwik, Tushar and Anand                              Khursheed Anwar
Jigri                                                             K. Sachitanandan
Sushmit Bose                                               Vishnu Nagar
Hameed                                                       Sanjay Kundan

We appeal to all of you to provide financial support and contribute generously towards this event and to mobilize large numbers to attend the event.

To make a contribution call Anjali (9911650707) or Beenu (9911162255) for details

ARTISTS FOR HUMAN RIGHTS
&
Release Binayak Campaign

No Country For The Brave

NO COUNTRY FOR THE BRAVE – The dark heart within the glory of Indian democracy

Bhaswati Chakravorty

There is almost a mythic power in the spectacle of India going to the polls. Just the number of people going to the booths in every corner of the country, the gigantic scale of the organization, the numerous political parties — all add up to a fascinating and undoubtedly significant exercise in democracy. Especially now, with the civilian governments in countries around India gasping for life, or turning into ruthless victory-mongers at the expense of minority populations. Within India, too, tragedies stalk the exercise of the people’s franchise. In the mythic perspective, these endow India’s general elections with something akin to a noble aura. The last day of this magnificent exercise will also be the day on which Binayak Sen completes two years in prison. The doctor, who has for years been treating adivasis in the poorest and least developed areas of Chhattisgarh, has been repeatedly refused bail, although on May 4 this year the Supreme Court issued a notice to the Chhattisgarh government to provide him with “the best possible medical aid”. Sen is seriously at risk from cardiac problems and has reportedly said in open court that he may get a heart attack any time. To be fair to the Chhattisgarh government, it is willing to offer its hospital facilities to the prisoner. But their prisoner insists on being treated in his old medical college in Vellore. Although he is within the law in choosing his place of treatment, the state government does not see why it should comply. Worse, his wife, Ilina Sen, has been telling the world exactly what the Sens and their friends fear — that Binayak may not leave a Chhattisgarh hospital alive. Ilina has carefully documented the sequence of events since his application for medical treatment, and recorded her use of the Right to Information Act to find out what means the government used to make the denial of her husband’s request official. At the end, she writes: “Under these circumstances, Binayak is absolutely right to fear that his life may be in danger in any facility controlled by the state in Chhattisgarh.” No doubt the chief minister of Chhattisgarh would consider this a wife’s paranoia, since according to him, in “the lanes and by-lanes of Chhattisgarh [Sen] is a non-issue”. Faced with demands for his release, the Union home minister has reportedly said that the Centre cannot do much, since Chhattisgarh has a Bharatiya Janata Party-led government. That does make Binayak Sen into a “non-issue”, a mere object of political balancing acts, of reductive reasoning — or conditioned unreason — that has, in the 62 years since Independence, lost all touch with the desire for justice, equity and human rights which must have once inspired the democracy now going so studiously, so spectacularly, to the polls. [For the complete article go to The Telegraph.]

Naagbanton, Binayak Sen and Kampala Declaration

Patrick Barigbalo Naagbanton is a well-known human rights activist. Born in Rivers State, Nigeria, he trained as a journalist before working as a trade unionist at the Port Harcourt factory of the Union Dicon Salt PLC, where he was elected chairman of the workers union, Maritime Workers Union of Nigeria (MWUN). He was eventually fired for campaigning for improvement in working conditions. Naagbanton recruited many workers to join human rights/pro-democracy groups like the Civil Liberties Organisation (CLO), Campaign for Democracy (CD), and Committee for the Defence of Human Rights (CDHR). Naagbanton served as a board member of Civil Liberties Organisation (CLO), representing the Niger Delta region of Nigeria. He also worked with the Environmental Rights Action (ERA) and Friends of the Earth Nigeria (FOEN), documenting, researching and campaigning against human rights and environmental degradation in Nigeria. In recognition of his role in promoting and defending victims of rights abuse in Nigeria, Naagbanton received the Indianapolis University Human Rights Award in 2001; and in 2002, the Rivers State branch of the CLO conferred on him the Saro-Wiwa Award for human and environmental rights defender.
Under military rule in Nigeria, Naagbanton was arrested and held in solitary confinement. However he had to be freed, because there are some networks, institutional mechanisms and accountability of the state towards human rights activists in Africa. Naagbanton remains consistently vocal on issues of human rights and environmental issues and has continued to contribute opinion articles, along with writing news and features for several newspapers. He remains free, in spite of raising his voice against the misuses of government security forces and militia and their consequences on people, especially women and children.
Via Kafila.

Raipur Satyagraha: Week 8

Raipur Satyagraha 8th Week Update: 4 May 2009

Dear friends,

The eighth batch of over 200 protesters took part in the satyagraha for the release of jailed human rights and health activist Dr Binayak Sen, in Raipur today.

The programme began with protestors congregating at Budha Talab and holding a public meeting there.

The protestors marched through the streets of Raipur and later 185 of them courted arrest. The courting of arrest occurred after the satyagrahis were detained at Subhash Stadium by the Chhattisgarh authorities, following peaceful non-violent protest. They were all later released.

The satyagrahis who courted arrest included among others Medha Patkar of the Narmada Bachao Andolan and National Alliance of People’s Movements, Himanshu of the Vanvasi Chetna Ashram, Tukaram of the Jagrit Adivasi Dalit Sangathan, Noorjahan of the Ghar Bachao Ghar Banao Andolan and Lakhan of the CMM (Karyakartha Committee).

The next satyagraha will be held on 14 May, the second annivesary of Dr Sen’s arrest, when hundreds of people from around the country are expected to participate. A cultural evening of protest songs, plays and poetry is also planned for 13th May.

In solidarity,
Rakhi

Raipur Satyagraha: Week 7

[An update from Lakhan, via our usual source!]

Raipur Satyagraha 7th Week Marching

Update: April 27th, 2009

The Campaign for the release of Dr. Binayak Sen gained momentum today as 92 persons gathered from various parts of the country and different people’s groups courted arrest here in Raipur. As a part of the continuing satyagraha, the arrest came following a rally that began from “Boodha Talab”. The satyagrahis raised slogans and sang revolutionary songs, holding placards and banners as they marched towards Subhash Stadium. The slogans and songs continued there, even as the police carried out their legal procedures. The Magistrate soon announced the release of all Satyagrahis.

Week 7

Front Line statement on Dr. Binayak Sen

India: Denial of recommended medical treatment for human rights defender, Dr Binayak Sen

Front Line would like to express its grave concern in relation to updated information received concerning the medical needs of detained human rights defender Dr Binayak Sen. Dr Binayak Sen is the General Secretary of the People’s Union for Civil Liberties (PUCL) regional office in the state of Chhattisgarh, as well as the Vice-President of the PUCL at a national level.

Further Information

The PUCL is a non-governmental, non-political organisation founded in 1976 and dedicated to the defence of civil liberties and human rights. In recent decades, Dr Binayak Sen has been very involved in training people living in rural villages with regard to community health and disease prevention. In 2004, he was awarded the Paul Harrison Award by the Christian Medical College in Vellore. Dr Binayak Sen has also campaigned to raise awareness with regard to human rights violations allegedly committed by state-sponsored Salwa Judum militias.
[To read the complete statement click this.]