Binayak Sen Denied Bail | Protests Planned on the 10th and 16th December 2008

Excerpts From an Email From Kavita Srivastava


Dear friends,


[. . .] The Chhattisgarh High Court dismissed the Bail application of Dr. Binayak Sen on the 2nd December, 2008.  Similarly the bail application of Piyush Guha was also dismissed. Dr.  Binayak Sen’s lawyers Anjana Prakash and Mahendra Dubey had argued first on the 8th of September and the second time on the 2nd of December as to why Dr. Sen should be granted bail. The judgement was reserved by the Justice Sunil Sinha. However, on the 3rd itself Mahendra Dubey learnt about the order and so read it from the Court files. (Copy will be available soon). The gist of the order given by the Judge Sunil Sinha, who had heard the bail application in 2007 too, is as follows:
– that since the dismissal of the bail application last year by this Court, there been no substantial change in the circumstances of the case, therefore the bail application is being dismissed at the stage of motion hearing itself.


Which means that the Court did not consider the application worth admitting for hearings. However, it also means that the bail has not been “rejected” on merits a second time, but that the application was never entertained by the Court.
Whatever way we see it, it means that Dr. Sen’s remains in Jail, his civil liberties, still not restored.
It is clear that the High Court did not want to take a decision on the bail and wants to leave it to the Supreme Court. The situation is really dismal. Perhaps there is no option but coming to the Supreme Court again. AND THIS TIME WE HAVE TO WIN.
[. . . ] Delhi [. . . ]plan Human Rights day and a campaign from the 10th to the 16th December concluding with a rally on the 16th against the State’s Acts of  Silencing political dissent. Rajendra Sail Sahab from Chhattisgarh has written to us about plans in Raipur where they are releasing a book in Hindi on the Dr. Binayak Sen trial observations. In Jaipur we are planning a rally on the 10th dedicated Dr Sen’s release and other Human Rights issues with which we are involved.
This is an appeal to all friends to Observe Human Rights Day take upfront the issue of Dr. Sen. Secondly since the Parliament session will begin on the 10th [December 2008] itself it is our chance to put pressure on the Indian Parliament this time.
[. . .] WE will [. . .] campaign for the release of Dr. Binayak Sen and against the State for silencing political dissent which we plan to hold from the 10th to the 16th [December 2008].



Kavita Srivastava