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List Of Charges And Evidence Against Dr Binayak Sen

Tehelka, 23 February 2008List Of Charges And Evidence Against Dr Binayak Sen

CHARGES I. UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967

S.NO. SECTIONS PARTICULARS PUNISHMENT
1 10(a)(i) For continuing to be a member of an association declared unlawful by notification issued under Section 3 of the Act Upto 2 years imprisonment and fine
2 20 For being a member of terrorist gang or organisation Upto life imprisonment and fine
3 21 For knowingly holding proceeds of terrorism — Property derived/obtained from commission of terrorist act or acquired through terrorist fund Upto life imprisonment and fine
4 38 Association with terrorist organisation with intention to further its activities Upto 10 years imprisonment or fine or both
5 39 Knowingly giving support to terrorist organisation (including organising, arranging, managing, assisting, arranging meetings for terrorist organisations, addressing meetings for encouraging support) Upto 10 years imprisonment or fine or both

II. CHHATTISGARH VISHESH JAN SURAKSHA ADHINIYAM, 2005

S. NO. SECTIONS PARTICULARS PUNISHMENT
6 8(1) For being member of an unlawful organisation — or taking part in meetings/ activities/or contribute/receive/ solicit any contribution for such organisation Upto 3 years imprisonment and fine
8(2) Not a member of Unlawful Organisation but contributes/receives /solicits any contribution/aid for such organisation or harbours any member Imprisonment upto 2 years and fine
8(5) Commits/abets/ attempts to commit or plans to commit any unlawful activity Upto 7 years and fine

III. INDIAN PENAL CODE

S. NO. SECTIONS PARTICULARS PUNISHMENT
7 120-B Being party to criminal conspiracy: i) to commit an offence punishable with death or rigorous imprisonment for a term of 2 years or more ii) other than a criminal conspiracy mentioned above i) As if he has abetted the offence ii) Imprisonment upto 6 months or fine or both
8 121-A A Conspiracy to commit crime under Section121 (waging/attempting/abetting war against Government of India) Upto life imprisonment or upto 10 years of imprisonment and fine
10 124-A Sedition — By words (spoken or written) attempts to bring hatred, contempt, disaffection (disloyalty, feelings of enmity) towards Government Imprisonment for life to which fine may be added Or Upto 3 years imprisonment to which fine may be added, or with both
EVIDENCE EVIDENCE PUT OUT AGAINST DR BINAYAK SEN BY THE PROSECUTION
S.NO. EVIDENCE COMMENTS
1 3 unsigned letters allegedly recovered from Piyush Guha, a businessman, on 6 May, 2007. The police allege the letters are from Narayan Sanyal, smuggled out of jail by Binayak Sen Guha says he was tortured in police custody for 5 days prior to 6 May. The West Bengal Police told his family 3 days prior to 6 May that the Chhattisgarh Police were holding him. The letters have no reference to Binayak, Narayan Sanyal or any unlawful activity
2 The police read huge significance into the fact that Binayak Sen visited Narayan Sanyal in jail 33 times. They allege he did so masquerading as family Binayak visited Sanyal to facilitate a surgery. Each visit was formally granted by jail officials. There is even a letter from the DIG, Police to the Jail Superintendent saying the police had no objection to Binayak’s visits
3 A love letter seized in District Rajnandgaon from alleged Maoists, the original of which the police say they have lost The document merely mentions PUCL in one place, Binayak and Ilina in another. It talks of some personal issues. It does not refer to any illegal or secessionist activity
4 Scrap of handwritten paper in Gondi, containing names of Ilina Sen, Binayak Sen and Rajendra Sayal, all PUCL activists, recovered in another Farsegarh FIR This is supposedly recovered from the site of a Naxalite attack. The document in Gondi is not legible and to the extent it can be read, it does not make sense. It was not even translated by the prosecution
5 Postcard addressed to Binayak from Narayan Sanyal This postcard talks of his health and medical treatment. It also bears the stamp of the jail authorities and was sent through the jail authorities in accordance with jail procedures
6 A postal letter from Madan Lal Barkade, an inmate of Bilaspur
Jail, describing the deplorable conditions in Jail
Binayak had released this letter to the press immediately after receiving it as part of his
work as the General Secretary of PUCL
7 Letters by one Soma Sen to Tushar Kanti Bhattacharya (her husband, who the State alleges is a Naxalite) Soma Sen describes help given by Binayak and PUCL in organising a fact-finding mission into the Kherlanji killings. The team published this report. The prosecution alleges Binayak was actually aiding a Naxal training camp
8 Central Processing Unit (CPU) of Binayak Sen’s computer The Forensic Science Laboratories Report, Hyderabad, dated 10.6.2007, does not show any incriminating material in the CPU. The prosecution still claims it has undeciphered and incriminating material
9 CDs and newspaper clippings on fake encounters by police and Salwa Judum recovered from Binayak’s house. Sundry documents police claim are banned All the material was from overground publications one can purchase in a market. They also comprised PUCL reports or interviews with victims filmed by PUCL itself. All magazines seized were registered with an RNI number
10 Allegation that Binayak Sen helped Amita Srivastav, a PhD student from Allahabad, open a bank account. Amita is missing since December 2005 There is no case against Amita Srivastav in Chhattisgarh except that the police have labelled her as a Naxalite and claim she is missing. There is no proof of Binayak even introducing Amita to a bank
11 Allegation that Binayak helped Amita rent a house in which Narayan Sanyal stayed. Also that Ilina helped her secure a job as a teacher in a school at Raipur Ilina did help Amita get a job. The rest has no basis. The landlord’s son says Narayan Sanyal lived in the house and the police claim they arrested him from there. But the Andhra Police say they got him in Bhadrachalam
From Tehelka Magazine, Vol 5, Issue 7, Dated Feb 23, 2008