third charge sheet against Dr. Binayak sen
Dear friends,
Please find attached the third chargesheet ( IInd supplementary charge sheet.) against Dr. binayak Sen filed in the Raipur District court on 1st August. 2009.
It is really disgusting the manner in which the chhattisgarh State police is hounding Binayak.
Dr. Sen and Ilina are both in CMC Vellore, where Ilina is undergoing chemotherapy. Between the first and the second Chemotherapy, Ilina translated this note. She wanted advise as to what should be done. Yesterday was the date of th etrial. They have already started calling witnesses from the IIrd charge Sheet. Canthis Charge sheet be schallenged inthe high court.
Kavita
Ilina’a note:
Finally, I managed to translate the document, which was a depressing experience.The Malti mentioned in the chargesheet as being menetioned in a rupantar doc is our colleague Malti Jadhav, but of course one can keep proving this in court. Prafull Jha did do some translations for us, but he has worked for almost all ngos and nwspapers in raipur at some time or the other. Comrade Kusumlata is from the Gandhian Institute in Varanasi.
once again, you can argue it out however long it takes.I wonder whether we have any legal recourse. Pl apply your minds to this, and I will touch base again after I have recovered from the chemo , in a day or two.
Ilina
Note:This translation pertains to the operative part of the second suppl chargesheet (p 5-13 of the original).
Description of supplementary chargesheet.
The charge sheet against the three accused was filed on the basis of sufficient evidence before the CJM Court at Raipur on 02.08. 07. In accordance with section 173/(8) JF , and in continuation of the investigation, a supplementary charge sheet 50 /(A) /08 was filed after taking due permission on 4.11.2008. Since the investigation was incomplete in some respects , further permission of the court to file supplementary charge sheet was obtained under section 173/(8) JF and supplementary charge sheet 50 /(B)/09 is presented before the honourable court:-
1.State Bank of India. New Shanti Nagar was requested to furnish details of bankers’ cheques, bank drafts, and cheques received by Dr Binayak Sen, Rupantar, Rupantar organization and Rupantar Trust from various states. This has been received. Lakhs of Rupees have have been credited and debited in Corporation Bank, Nav Bharat Complex, Raipur.Money has been taken out from many banks and shown as expenditure and saving .Information was requested from the Income Tax Comissioner, Raipur in this regard, and according to their letter no 2009-19/167/ dtd.4.5.09, it is declared that Dr Binayak Sen is an Income Tax assessee, and on March 31, 2007, an income tax of Rs 1000/ has been deposited. The accounts of Rupantar organization SB /01/9981, Shri Rupantar SB/01/009843, and Shri Rupantar SB/01/00901, have over Rs 40,00,000/ in them. This information has been submitted in supplementary charge Sheet 50/(A) /08, but the IT returns on this reported to be nil. Elina Sen and other members of the family are reported not to have PAN cards. The records of different banks are not receives, and will be submitted separately once received. Apart from this, Dr Binayak Sen has received Rs 5500 from Rupantar as Directr.Dr Binayak Aen’s income from medical work is stated to be Rs 60,000.On 19.05.07, during the search of Dr Binayak Sen’s house, no evidence was found of medical examination room, patient examination table,stethoscope, medicines, BP machine, patient treatment register, and patient visitng time. Dr Binayak Sen is a doctor only in name, the treatment is non existent, and this is only a way of turning Rupantar’s money into income, and using his brains to work together with Narayan Sanyal and others for CPI Maoist and naxalite organizations. This is not clearly stated in the IT returns, which have Dr Binayak Sen’s signature.This paper refers to savings of Rs 10,00,000. The above information is provided by the IT Commissioner, Raipur.
2. Accused Narayan Sanyal is a permanent memer of the polit bureau. This is proved by the magazines seized from Pijush Guha as well as at Kirandul in which Narayan Sanyal’s name is mentioned,and CPI Maoist, banned organization Naxalite beside Dandakaranya agazine pubished by the Central Committee that our central committee has suffered great losses through the arrst of Vijayda alias Narayan Sanyal.Information was also sought from various states regarding declared award on Narayan Sanyal prior to his arrest. In Andhra Pradesh Govt order GOMS no 151 dtd 25.03.06 an award of Rs 12 Lkh Rups is declared for info /arrest of Narayan Sanyal, which has a list of CPI Maoist members, and aards declared on them. It is clear that accused Narayan Sanyal is a leading member of the CPI Maoist, who was given the responsibility of strengthening the organization in Chhattisgarh, Jharkhand, Bihar, Andhra Pradesh, and Orissa.
3. Accused Tushar Kanti Bhattacharya ,alias prakash, alias raghu,alias shyam, alias j r sudh, alias j m bhattacharya, was arrested in crime number 143/2007 dtd 18.09.07 under sections 121, 121 (Ka) 124 (ka) 414,467, 468,420,120 () of the IPC ,sections 10 (ka)20,21 of the UAPA, sections 3,4,5, of the Explosives Act, as well as sections 5,and 7 of the Act against anti national literature and communication material, in Thana Buddhaji Colony Patna, and seizures from him included naxal literature,detonator, fuse wire gelatine,laptop,other cpi maoist literature, ans many letters.Shrimati Shoma Sen, was sent email by Shrimati Elina Sen, who runs Rupantar, to Dr Binayak Sen.This is mentioned in the CPU print.Shrimati Soma Sen is a lecturer in Nagpur, and she as admitted in her statement before Hon Court of Shri BS Saluja that her husband was arrested in a naxalite case in Pana and is presently lodged in Hyderabad Central jail in a 15 year old naxalite case.It is clear that Dr Binayak Sen is connected with Tushar Kanti Bhattacharya and his wife Soma Sen and is spreading terror in the state.
4.According to notification no F 4-101/Griha C/07 of the Home department, Govt of Chhattisgarh, and the Chhattisgarh Special Pubic Safety Act 2005(sr 14) year 2006 and 2007 extended on april 11, 2008, CPI Maist, and its six front organizations 0rganizations- Dandakaranya Adivasi Kisan Mazdoor Sangh. Krantikari Adivasi Mahila Sangh, Krantikari adivasi Balak sangh.Krantikari Kisan committee,Mahila Mukti Manch,RPC alias Janatana Sarkar have been banned as illegal organizations for anoher year.A copy of the dvd of Dr Binayak Sen’s CPU was obtained from the honourable Court, and it contains mention of banned organizations like Krantikari Adivasi Mahila Mukti Sangathan,Janatana Sarkar,Dandakaranya Specia zonal Committee, Comrade Meena you struggle n, e are ith you, Appendic 6 CPI Maoist analysis of the situation of Women, Jal Jangal zameen, hamari hai hamaro hai,, and Peoples war. It is clear that DR Binayak Sen is connected to naxalite organizations, and is contributing intellectually to violent activities along wth Narsyan Sanyal.
5.Prafull Jha was arrested in thana DD Nagar in crime no. 14/08 under sections 120 B 121, 121 (Ka) 1222, 124(ka), besides25 Arms Act , sections 3, 6 of Telegraphy Act, besides sections 2(kha)(ga), 8 (i), 2,3.5. of he CG Specia Public Security Act (2005), sections 3, 10(1),(18), (20).(21), of th UAPA, and sections 4 and 5 f the Explosives Act.Apart from Pafull Jha, pistol, walkie talkie, wireless sets were seized in bags from KS Priya , alias Malti. These were seized while being dispatched to some important address conducting naxalite activities.Chargeshhet on the basis of sufficient evidence was presented in this matter before the Honourable Court in Raipur, and the matter is under trial. The name of this dangerous accused Prafull Jha is mentioned in the print of the CPU of Dr Binayak Sen, and it is mentioned that he is paid a sum of Rs 2500, and Malti is paid Rs 1500.Malti has admitted tht she is the wif of Gursa Usendi, alias Vijay, who lives in the forest and works for Naxalites. Dr Binayak Sen is in direct contct with such dangerous Naxalites.Dandakaranya zonal Committee is the name of the premier unit of the CPI (Maoist). Party.
6.Crime number 75/06 was registered in Tikrapara thana under sections of the IPC and UAPA. In this matter, pamphlets were thron into the MLA rest house, and MLAs were threatened that they wuld be blon up.Malti, laias Priya, alias Kumari, wife of Vijay alias Gudsa Usendi have been arreated in this case/ dreaded weapons, pistols, grenades, laptop, amd naxalite literature were seized from her. They have been chargesheeted and the trial is underway at Raipur.The print out of the computer of Dr Binayak Sen shows that he was in contact with these dreaded naxalites since 1999.
7.Naxalite accused Pijush Guha was arrested on 6.5.07 at Ganj Thana.Apart from Rs 49,000 cash and naxal iterature, a cell phone with number 097324-49150 was seized from him. Information regarding applicant and holder of the sim card was reuested from GM, Hutch company, west Bengal. Pijush Guha had admitted to this being his phone.According to documents received from Hutch company, the mobile number 9732449150 beonged to Ajit Biswas, c/0 Balaram Biswas,res of Kulghachi colony,Dakshinpara, PO Kukghachi, dt Nadia. His voter Id card is appended to his pre paid application form. This number does not belong to accused PIjush Guha.It is clear that accused Pijush Guha used this number for secret conversation, and kept changing his mobile number from time to time, This is why the phone that was with him at the time of his arrest was not his on.It is clear that he did this to avoid getting caught and to keep his naxal activities secret.
8.The names of Dr Amita Shrivastava, Shankar Singh, Rupantar mahoba Bazar Sen, Prafull Jha, Mati, absconding naxalite Dr Amita Shrivastava absconding naxalite Shankar Singh re also mentioned, besides mention of establishing janatana sarkar and carrying out peoples’ war in dandakaranya. And spresding terror.
9. Accused Dr Binayak Sen was granted bail by the Hon Supreme Court on 25,05.09.The next daya ttripper was damaged by naxalites at village Gulum kondo 200 metres from Bodra nala on the main road. Naxal pamphlets were distributed at the site which expressed happiness at the release of Dr Bnayak Sen and gave a call for intensifying movement for the release of other comrades. It also proclaimed opposition to imperialism, capitalism , Tata, Essar, Raoghat project and proclaimed long live CPI (Maoist). Copy of the FIR, seizure memo, and photocopy of the naxalite pamphlet is enclosed.
10. Information regarding telephones used by Dr Binayak Sen, or at his residence are as follows: 0771-2422875,244669,2423875,94252-06875,98932-24291, 0771-2100586, 24246609,6540728, Shrimati Elina Sen 9926003877,9926603877,9425206275, Hotel Geetanjali Rly station chowk, 0771-2523969, 2529100, 2510242, Hotel mahindra Kutchery chowk Raipur- 0771 2524470,2524471, Pijush Guhas Kolkata number 033 24163626,031822-0162, 09325580055,09433140168,09732449150. Besides this is not possible to estimate how many phones, including secret phones are held by Rupantar sanstha. It is surprising that Dr Binayak Sen refers to himself as a children’s doctor. Yet he helps and speaks to naxalites on secret hideouts of naxalites through these phones.
11.The airtel mobile number of accused Dr Binayak Sen is 9893224291, and his residence phone number is 0771 2422875. Madhav Sanyal, brother of Narayan Sanyal has phoned on his number and phones to him from dr Binayak Sen numbers are as follows:
1. 919433140168 to 9893224291 dtd 22.01.07
2. 919433140168 to 9893224291 dtd 22.01.07
3. 9893224291 to 919433140168 dtd 30.01.07
4. 9893224291 to 919433140168 dtd 30.01.07
5. 9893224291 to 919433140168 dtd 30.01.07
6. 9893224291 to 919433140168 dtd 30.01.07
7. 9893224291 to 919433140168 dtd 30.01.07
8. 9893224291 to 919433140168 dtd 30.01.07
9. 919433140168 to 9893224291 dtd 03.02.07
10. 9893224291 to 919433140168 dtd 16.03.07
11. 9893224291 to 919433140168 dtd 16.03.07
12. 0771-2422875 to 919433140168 dtd 17.03.07
13. 0771-2422875 to 919433140168 dtd 17.03.07
14. 0771-2422875 to 919433140168 dtd 17.03.07
15 0771-2422875 to 919433140168 dtd 17.03.07
16. 919433140168 to 9893224291 dtd 19.0307
17 9893224291 to 919433140168 dtd 19.03.07
18. 9893224291 to 919433140168 dtd 29.03.07
19. 919433140168 to 0771-422875 dtd 29.03.07
20 9893224291 to 919433140168 dtd 29.03.07
21 919433140168 to 0771- 2422875 dtd 29.0307
Dr Vinayak Sen, before his arrest, meets prisoner Narayan Sanyal , then phones his brother four times on 17.3.09. Similarly, he talks to him twice on 19.3.07 and four times on 29.3.07Examination of the jail records shows that on 14.03. 07,17.03.07, and on 29.03.07, the communications lines of the naxalites between Calcutta and Raipur was active. At that tim Dr Vinayak Sen had not been arrested. These call details can be tallied with the records of jail visits.It is clear that Dr Vinayak Sen was directly involved in naxalite activities for many years, and was functioning as a leader and director of the naxalites.
12. In Book 3 of the print out of Dr Vinayak Sen’s computer, pqge 299 mention is made of Bijay, alias on behalf of Kisan Sangharsh Samiti Vijay alias Gursa Usendi saying that the police and officers are engaged in a dangerous and violent war against the people .The said Bijay alias Gursa Usendi is the husband of Malti arrested in DD Nagar crime no 14/08 and is the president of the Dandakaranya zonal Committee, who always issues press statements on behalf of naxalites. Such dangerous leaders of naxalites are mentioned in the print out.
13. Print book no.6 of the DVD of the CPU seized from the house of Dr Vinayak Sen, is labelled Rupeanter ADM. In Page 46 it says Malti 1500/- rupees, Uma 1500/- rupees, Vinayak 5000/- rupees, Page no 48 says project director 5500/-rupees, Vinayak, Malti 2000/-rupees and Prafull Jha 2500/-rupees and (Statert Begning at 2200/-). Page no 49 says ( Fixs who will talk to) Prafull, Ghanshyam, Suresh, again in English group ( All so discuss mess Date. 21.05.1999). The above printout makes it clear that Dr Vinayak Sen is directly associated with Prafull Jha Malti, K.S Priya from the year 1999 and he is connected with Vijay alias Gudsa Usendi since 1999.It is clear that Dr. Vinayak Sen in the guise of a doctor was involved with the naxalite organisation at the highest level, and was giving effect to violent and heart rending acts, and strengthening the naxalite movement behind the scenes.
14. Print book no.15 page 252 of the DVD of the CPU seized from the house of Dr Vinayak Sen. His wife writes-
Dear Comrade
I have just received Com Kusumlata’s letter. It is unfortunately not possible for me to attend the drafing committee meeting on march 26 at numbai,……cont.
Please Stay in touch re further developments in this regard.
Ilina Sen
15.It is clear that the DVD of the CPU seized from the house of Dr Vinayak Sen that he sometimes calls himself Maha-Sachiv, Project Director, General Secretary and State Convenor. The amazing fact is that Dr. Vinayak Sen calls himself a children’s doctor. But till today there is no proof of his having treated any child in A-26 Surya Apartments.
16. In the print out of the DVD obtained from Dr Binayak Sen’s CPU, Shankar Singh who is underground and absconding for many years and is an absconding naxalite gives his address as Mahoba Bazar and in page 144 book no 25, says 10th pass alternative school for workers’ children and in book 56 page no 171 , Shankar D 32 SBI Colony, Mahoba Bazar Tatibandh Raipur, and in list of members in serial no. 54< Raipur Rupantar Shri Shankar A 26 Surya Apartment, Katora Talab, Raipur (C G), while he has stated himself as working in Shrimati Elina Sen’s organization Rupantar and staying in the house of Arun Kumar Dubey, in which house Shankar, Amita Shrivastav and Narayan Sanyal used to sty, and where Shankar described himself as a Press Reporter.Dr Vinayak Sen used to visit this house, and has been identified as such.It is clear that Dr Vinayak Sen played an important role in getting houses and jobs for thse dangerous naxalits, getting their bank accounts opened, and in helping them run away.Dr Vinayak Sen workd as a director for Naxalite organizations.Shankar Singh and Amita Shrivastava were his important associates, through whom Dr Vinayak nSen and Naxal leader Narayan Sanyal’s leadership, used to do secret tasks for thr naxal organization. This is why he is underground from Raipur since 2006.
The above sufficient evidence from documents, telephone call details, mobile call details,CPU print, accused Narayan Sanyal,Dr vinayak Sen , accused Pijush Guha all three in coordination hatched criminal conspitracy against state and the nation. They together adopted violent tactics and worked with banned illegal organizations to give shape tojnatana sarkar to establish the state of Dandakaranya through guerrilla warfare at gun point. Presently, the self motivated movment of adivasis since 2005 has been given the name Salwa Judum by citizens.These naxalites are even calling the salwa judum as illegal .Enough vidence has been found that the present accused are naxalites .In this matter, this supplementary chargesheet is presented as charge sheet 50 (B)/09 dated 29,07.09 before the honourable Court, under section 173 (8) J F.
Investigating Officer
BBS Rajput
Additional SP
Dt Raipur (CG)
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It is truly repulsive how vehemantly the chhatisgarh police is hounding Dr Sen. All of us in the worlwide campaign to Free Dr Sen must not get complacent. We must continue our campaign with even greater vigour and bring to people’s notice that the police is still attacking Dr Sen with such fabricated charge sheets. PLEASE LET US KNOW HOW WE, IN THE CAMPAIGN IN THE UK CAN HELP RIGHT NOW. We must take action RIGHT NOW!
nothing changes in India – so what else is new, and the worst part of it is a fewer care by the second, but in the end what goes around comes around – remember the next generation will inherit the burden of a country’s society’s actions