‘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

# 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.

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.

Along with Pawan Verma, I went to visit Ruchi Verma in the women’s section of the Durg jail. Any person who goes to meet suspected “Naxalites” or “Sanghams” (Naxal supporters) is asked to supply proof of residence, is photographed and even conversations with lawyers have been directed to be taped by confidential circulars. Accordingly we were photographed. Ruchi revealed that she, her husband and their baby had been picked up at 11.30pm from their house on 9th February. She said nothing whatsoever, and certainly nothing incriminating had been seized from their house or person. They were taken to the Nevai Thana of Durg and then to the Bhilai Bhatti Thana, where she said they were repeatedly beaten and threatened and interrogated. After this the family was seperated. She and her son were taken to the Mahila Thana in Durg and kept there for 8 days before they were finally taken to jail on 18th February. They were kept in the police van while the formalities were carried out of producing them before a magistrate, she did not get the opportunity of conveying that they had been illegally detained for 8 days. She expressed the desire that she wants to convey this fact to the magistrate. But on most remand dates they were not brought to court. And on 30th March when they were brought to court, the magistrate was unfortunately on leave.

An undertrial is under the care of the court. Surrounded by the usually hostile environment of the jail and police authorities, his production before the magistrate is his only contact with the outside world. It is the concrete expression of the constititional scheme of seperation of the judiciary from the executive, and the only remedy of the undertrial against arbitrary, illegal or otherwise colourable exercise of powers.

Bhola Bagh, Ruchi’s husband, originally hails from Orissa and was a contract worker in the Ultratech Cement plant at Hirmi. A skilled person, popular among his co-workers, he was active in the workers struggles against the management of Kumarmangalam Birla. Pawan describes how at that time the issues of the management refusing jobs to the peasants of the surrounding four villages who had given their lands for the plant, the use of contract labour in the cement production process which is prohibited by the Cement Wage Board agreement, and the non-payment of minimum wages were burning issues of the workers movement. Bhola took active part in the meetings and strikes. The management brought in about 250 lathi weilding goons from outside and kept them in the factory premises and used them to attack workers. On one occassion these goondas had even abused local women. At that time some of the workers led by Bhola had snatched their lathis away from them and had literally pinned them to the ground. After this the company management had got after Bhola and other active workers filing endless criminal cases and chargesheets. He was also repeatedly threatened, which led to his finally leaving a couple of years ago.

Also in the meanwhile, Bhola and Ruchi had also decided to marry, despite being of different castes and regions. This had also generated some tension in the extended family and caste society. So the couple left and Pawan practically lost touch with them.It appears that Bhola was working as a contract worker in the Bhilai Steel Plant when he was arrested. Today around 50% of the workforce in the public sector Bhilai Steel Plant is contract labour, something patently illegal. Although the paper work might be impeccable, but the reality is that for the same work a contract labourer is actually paid Rs 50/- a day (for non PFdeducted!) and Rs.150/- (for PFdeducted!) for the same work for which a permanent worker gets almost Rs.350/- a day. Many of these contract labourers have been working for decades without regularisation, yet the sword of “hire and fire” hangs over their heads if they protest even a little. Given the personality of Bhola Bagh, it is not surprising if he had also been involved in organising contract labour in the plant. Perhaps this is the real reason behind his arrest? These young people have already been in jail for over 60 days and the maximum penalties under the said Section 8(1) (3) (5) of the CSPS Act are all below 10 years. No chargesheet has so far been filed. It is apparent that the police have acted in a hurry based on a confession extracted in police custody which is legally inadmissible, and are finding little evidence to corroborate their charge.

There is also talk that some sections with graver punishment have been sought to be applied, without any basis, only to extend the permissible period for filing of the chargesheet. This case again brings to the fore the draconian nature of the provisions of the Chhattisgarh Special Public Safety Act. The absence of the ingredient of intention (”mens rea”) in defining an offence of association or aiding or managing or propogating an unlawful organisation – that is, not distinguishing between an act knowingly and unknowingly done; and also making any association whatsoever criminal including that of doctor and patient, lawyer and client, journalist and interviewee, shopkeeper and customer, house owner and tenant, or human rights defender and undertrial. In fact, some sections of the TADA had been declared ultra vires and unconstitutional in the past for the absence of mens rea by the Supreme Court, and the lacunae in this Act go a step further. Another extremely serious aspect of the CSPSA is that the definition of unlawful activity is not confined only to offences connected to the security of the state, secession or terrorist acts, which are considered to impose reasonable restrictions on the fundamental rights of association, assembly and expression. They include even peaceful opposition otherwise included in the Indian Penal Code as offences against the public peace and tranquility.

The vague definition of “organisation” , the refusal to professional legal representation to an unlawful organisation, and the provision which does not accept the formal dissolution of an organisation or resignation from membership upon an organisation being declared unlawful, amounts to being punished even for acts which were not criminal when they were carried out. Perhaps the fact that the aims and objects of the Act presented by the Home Minister of Chhattisgarh also include “opposition to development” may hold the key as to why offences have been defined so vaguely and yet sweepingly.The Peoples Union for Civil Liberties has challenged the constitutionality of this Act in the High Court of Chhattisgarh at Bilaspur. The writ petition has been admitted and the State has been asked to file its reply within 4 weeks.A total of more than 70 persons have been arrested so far under this Act which include doctors, a lawyer, journalist, film maker, shopkeepers, tailors, and a large number of villagers accused of providing food and water to Naxalites, or “showing the forest paths” to Naxalites. A number of persons allegedly of a Naxal cultural troupe (Jan Natya Mandali), but according to local persons who are folk performers at melas have also been arrested. This case of a contractual worker and erstwhile trade union activist is one more addition to the list. It is high time such a draconian law was taken off the statute book.

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.

Those who spoke included PUCL-Chhattisgarh’s President Rajendra Sail, PUCL-MP President Shyam Bahadur Namri and President of the Bangalore chapter of PUCL Ramdas Rao. Dr. Meher Engineer from the Bose Institute and K. J. Mukherjee, lecturer from Jawaharlal Nehru University also addressed the gathering. Gautam Bandopadhyay from the Nadi Ghati Morcha and Guu Behen, an activist involved in opposing the Jindal plant in Jashpur spoke about the struggles of displaced persons in Chhattisgarh. CPI(ML) Leader Navrottam Sharma, Dr Satyamala from the Medico-Friends Circle and Advocate Sudha Bhardwaj also addressed the gathering.

Over 600 persons braved the Raipur heat and took out a procession through the streets of Raipur shouting slogans, singing songs and demanding the release of Dr Sen. The rally was a show of strength, determination, diversity and the power of people’s resistance.

People carried posters and banners; distributed calendars and wore coarse cotton jackets with messages demanding the release of Dr. Binayak Sen and in a show of solidarity for the cause from across the country. Cycle rickshaws laden with water and mikes punctuated the procession. Besides the involvement of a wide range of groups, and organisations there was a large and visible media presence –electronic and print.

The protestors burnt an effigy that was to represent the anti-people programme the Salwa Judum and the draconian law – Chattisgarh Special Public Security Act 2005 and to signify their outrage and anger at the Chhattisgarh government’s anti- people policies. A large contingent from Karnataka raised slogans and sang songs in Kannada demanding the release of Dr Sen.

The rally ended at the Netaji Subhash stadium, where 135 men and 90 women courted arrest. After this, members of various peoples movements, student groups and NGOs addressed those present- expressing their added resolve to carry on the struggle in solidarity with the various groups.

Similar rallies have been held today in many other cities in India.

The demands that the protesters included:

1. Unconditional and immediate release Dr. Binayak Sen
2. Release all detained under Chhattisgarh Special Public Security Act 2005
3. Repeal CSPS Act immediately.
4. End Salwa Judum Now.
5. Bring the culprits of fake encounter and violence against Adivasis to the justice.
6. Stop Salwa Judum Camp and ensure return of displaced people to their homes.
7. The end to unjust detention of human rights defenders and social activists

List of people/organisations who participated include:

1. Dr Meher Engineer, former director of Bose Institute, Kolkata
2. Ramdas Rao, President PUCL Banglore
3. Adv Rajendra Sail, President PUCL CG
4. Sudha Bhardwaj, Mazdoor Karykarta Samiti
5. Com Jhanak lal Thakur, President Chhattisgarh Mukti Morcha, Dalli-Rajhara
6. Shyam Bahadur Namra, Poet & PUCL MP
7. Karnataka Sex workers forum
8. Concern – Students from Indian Institute of Science, Bangalore
9. Dr C. Satyamala, Medico Friends Circle
10. Dr. K. J. Mukherjee, JNU
11.Sandeep, Saptarshi, Renu and others from JNU Student Union.
12. Dalit Adivasi Manch, Chhattisgarh
13. Chattisgarh Bal Shramik Shanghatan
14. Chattisgarh Mahila Jangriti Sanghatan
15. Rajesh Tripathi and Ramesh Agarwal, Janchetna, Raigarh (CG)
16. Bulu Bahan, Jashpur (CG)
17. Com P N Verma, Rajnadgaon Kapda Mill Mazdoor Sangh (CG)
18. Dr Harihar Patel, AMKS, Raigarh (CG)
19. Banshilal Sahu, MKS Bhilai (CG)
20. Suhel, Student Islamic Organisation
21. Bisruddin, Solidarity Youth Movement, Kerala
22. Bhan Sahu & team, Jurmil Morcha (CG)
23. Gautam Bandhopadhyay Nadi Ghati Morcha (CG)
24. Rupantar, Chhattisgarh
25. Saura Yadav, State Secretary, CPI (ML)
26. Narottam Sharma, State Secretary CPI(ML) Liberation
27. Tejram Sahu, Krantikari Naujavan Bharat Sabha
28. Hemant Tandon, Kisan Sabha (CPI ML)
29. Virendra Kurre, Sangrami Shramik Sangh (CG)
30. Arun, NCAS Raipur Desk
31. Dr Anurag Bhargava, JSS, Ganiyari (CG)
32. Mazdoor Sangh, Bhilai
33. Vijendra, Joint Secretary, PUCL CG
34. Alternative Law Forum, Bangalore
35. Sadhane, Karnataka
36. Samara, Karnataka
37. Karnataka Sexual Minorities Forum
38. Suraksha, Karnataka

39. National Association of Women’s Organisations

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 –

May 14, 2009
5.30 p.m. onwards

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


Artists performing

– 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.]

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 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

The Satyagrahis included members from Medico Friend Circle, like Manisha Gupte and Priya from Pune, Sarojini, Vandana Prasad, Indira Chakravarthy, Beenu, Anjali, Aastha, Susheela and Preeti from Delhi, Dr. Narendra Gupta from Rajasthan, Renu Khanna and S. Srinivasan from Baroda, Ravi Duggal, Satjot Kaur and Lubna from Nagpur, Manish from Assam and Lakshmi and Jeny from Chennai. Mr. Ashok Khandelwal from Delhi was also present.

A large number of people from Raigarh district also joined the Satyagraha. They shared about their ongoing protest against Jindal Steel, who in the attempt to set up new steel plants is displacing villages in the area in collusion with the State. They narrated instances of lathi charges and other violent means used by the police to suppress the protests. Slogans were raised agaist Jindal Steel and a spontaneous resolution was passed against them.

Towards the end, Lakhan Sahu, from the Release Binayak Sen Campaign Committee, and Kalyan Patel urged the gathering to keep up the campaign till such time as Dr. Binayak Sen is released. There was also a strong demand for the revocation of the Chattisgarh Special Public Security Act (CSPSA) and the dissolution of Salwa Judum.

Today at his court hearing, Dr. Binayak Sen, was brought to the court premises at around 11 am, but was made to sit in the bus in the scorching heat for one and a half hours. The witness, a Police Inspector arrived only by 12.45 pm. He made three minute deposition about carrying a hard drive and CD to the laboratory in Hyderabad for analysis. With this statement, the case was adjourned until next month. But before the judge could close for the day, Narayan Sanyal, intervened and informed the judge about the inadequate medical attention being given to them and the callous attitude of the jail staff. He pleaded that a strong recommendation be made, for facilitating their proper treatment, which is not marred by State intervention.

Lakhan

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.]