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Supreme Court grants bail to Binayak Sen, seems to think that the conviction for sedition not correct




The recent conviction of the left-leaning Doctor, Binayak Sen, by a court in Chhattisgarh for sedition, and for helping Maoists in their efforts to overthrow the power of the state has always been controversial. For his supporters, the legal evidence that helped to get him convicted was nebulous, and not on firm legal ground; in fact, his supporters state that the efforts of the state Government to get him convicted was done, not based on the legal evidence, but based on the need of the State Government to try and shut up an outspoken supporter of the rights of the people. On the other hand, the state Government contends that he is actually a Maoist who provided support to jailed Naxalites, and is as much a part of the movement as any of the gun carrying people on the ground. Further, his conviction was done by a trial court, an independent judiciary, and was all legal and proper.
The cause of Binayak Sen has become much more famous, not just isolated to the state; he had a number of supporters who are campaigning to get him set free, and this happened in a number of cities in the country; and of course, like many other people who lean left, he has a number of supported internationally as well. In fact, a group of observers representing the European Union nations wanted permission to attend his trial, and they got the required permissions as well.

And now, he finds the Supreme Court being on his side. After his bail plea was refused by the High Court, his appeal to the Supreme Court of India seems to have been more successful. The Supreme Court ordered that his bail plea by accepted, although it did not set the terms, which it left to the trial court. Further, the Supreme Court gave some indicators of its thinking about the actual resolution of the appeal of the Doctor, asking as to why being a sympathizer leads to him being arrested and convicted for sedition. His sympathies for a movement should be permitted in a free and democratic country such as India. (link to news article):

The Supreme Court on Friday granted bail to rights activist Binayak Sen, who has been convicted and sentenced to life imprisonment by a Chhattisgarh trial court for sedition and helping Naxalites to set up a network to fight the State. The apex court said it was giving no reason for granting bail to 61-year-old Sen and left it to the satisfaction of the trial court concerned to impose the conditions for his release on bail.
It said other documents and evidences produced by the state government including that he met co-accused Piyush Guha 30 times in a jail and pamphlets and documents relating to Maoist activities were recovered from his possession did not mean that he was involved in seditious activities. However, senior advocate U U Lalit, appearing for the state government, said that no case is made out for the bail and submitted that the activities of Sen have to be seen in a broader perspective.




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