Binayak Sen and Piyush Guha have appealed there conviction by sessions court Raipur under Sedition and Conspiracy charges at the Honourable High Court of Chhattisgarh – Bilaspur. They had also filed criminal appeal No. 20 & No. 54/ 2011 respectively for grant of interim relief by way of bail while the hearing in the main appeal continues. One Vivek Sundara shared a scanned copy of detailed judgement in case of bail application on another forum. This is a layperson’s analysis of the judgement.
After stating that areas of operation of PUCL/ Sen are the same as are affected by naxalite problem and by unlawful organizations, and where resident innocent people and members of armed force/ police are being killed; there is this statement made in paragraph 51 page 34 of the judgement : ‘Appellant Binayak Sen has not made any demand to these organizations whom he has made aware from police atrocities to refrain from violence’. This statement has two operative parts : (i) Sen has not asked these organizations to refrain from violence. (ii) Sen has made these organizations aware “from” police atrocities. The implications of the second part of the statement are absolutely astounding. Is there a single instance where police or paramilitary forces have admitted that they have violently acted (i.e. committed atrocity) against innocent people? In each and every case of encounter or violence they claim that only Maoists/ naxals or Maoist/ naxal sympathizers have been killed or are affected. Would then “these organizations” need to be made aware by Sen that police are committing atrocities on them? Victims of violence always know who the perpetrator is? Or would such “awareness campaign” by Sen be necessary before “these organizations” act or retaliate violently?. Naxalites/ Maoists are known to use violence whenever and wherever they choose to and need no guidance in the matter from any quarter.
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