Binayak Sen Case - Paradigm to injustice: Guest Post by Arya J. Nair, NUALS

Binayak Sen case proves that the justice delivery system prevailing in our country is so pitiable that it falls short in ensuring that justice is done to the citizens.

In this case, Dr. Binayak Sen, the Vice president of the Peoples’ Union for Civil Liberties and a well known human right activist, was sentenced to life imprisonment on the grounds of sedition. From the evidences adduced, the court concluded that Mr. Sen had links with naxalites. However, mere links with naxalites is not a sufficient ground for awarding life imprisonment, but only imprisonment for a maximum term of 5yrs. Sen was convicted on the basis of few letters, which is said to have been sent among Mr. Sen and Mr. Sanyal, and affidavits and testimonies filed by the witnesses. The most interesting fact is that the witnesses were primarily constituted by police men. Moreover, the facts of the case prove that evidences against Mr. Sen were also not so strong. What is worth noting here is that the evidence presented before the Court was, by no stretch of imagination, conclusive enough to prove his conviction. Unfortunately, the Judges did not give any credence to the insufficiency of evidence in the matter while awarding him with the sentence. A cursory glance at the Judgment is sufficient to prove this surprising disregard for and unwillingness to accept the value of evidence in a criminal trial.

Binayak Sen is a well known public figure who is known for his contributions as a doctor and a human rights activist, who has dedicated years of his life in providing medical care to the poor and helpless. He has been honoured with many awards at national and international levels in recognition of the same. He is the recipient of the 2008 Johnathan Mann Award for Global Health and Human Rights. Dr. Binayak Sen has been one of the most vocal critics of the Chattisgarh government’s policy against the Naxal movement, and the role of the Salwa Judum in committing violations of human rights against villagers.Mr. Sen’s fame as a global figure was evident from the waves of protest which lashed in different parts of the world when he was arrested. International institutions like Amnesty International, the British Medical Association, and even the British House of Commons and several leading human rights activists and international personalities including Amartya Sen and Noam Chomsky criticized the judgment in this case and demanded for the release of Dr. Sen.

The verdict in the Binayak Sen case questions the importance attached to the fundamental freedom of speech and expression in a democratic country like India. Use of anti-sedition laws to annihilate genuine voices against human rights violations is unacceptable in a democratic state. Stalking those who voice genuine grievances against the state by employing judicial process is excruciating. When many corrupt politicians are still ruling our country scoffing at the judiciary and escaping the far reaching clutches of law, it is highly shameful that justice is denied to a deserving person like Binayak Sen. The Binayak Sen verdict is a perfect example of gross violation of law and human rights and it underscores the incapability of the existing judicial system to render required justice to the citizens.