Activist and physician Binayak Sen’s counsel Ram Jethmalani Friday said that while he is generally not much bothered with the victory or loss of a case, Sen’s bail has come as a ‘personal’ happy moment for him.
‘I must confess that this is one of those cases in which I am personally happy about what has happened. Normally, win or loss means nothing to me but I am very happy in this matter,’ Jethmalani told reporters here.
‘It almost establishes a matter of great principle that in a democracy everybody has the right to exercise his right to freedom of speech, and Binayak Sen has not indulged in any kind of violence nor has he ever pleaded with anybody that you must resort to violence,’ he added.
No case for sedition was made out against Sen, the apex court bench of Justice H.S. Bedi and Justice C.K. Prasad said while granting him bail. The bench made a scathing observation that a person does not become a Gandhian just because he is found with a biography of Mahatma Gandhi.
The bench said the bail would be subject to the satisfaction of the trial court. The court ridiculed the state’s submission that Sen was actively involved in spreading disharmony and disaffection against the state.
Sen, 61, at present is in a jail in the Chhattisgarh capital Raipur, and challenged the Feb 10 order of the Chhattisgarh High Court that rejected his bail plea.
He was sentenced by the trial court Dec 24, 2010, for sedition. He was also accused of acting as a courier between Maoist ideologue Narayan Sanyal and Kolkata-based businessman Piyush Guha, both of whom have also been jailed for life.
On the court’s observation that a case of sedition is not made against Sen, Jethmalani said: ‘This is an encouraging observation and I am one with it. It is my submission to the court’.
‘But please bear in mind that this is not the the judgment of court. Final judgment must be waited for and I am quite sure that this judgment of Supreme Court will ensure that the high court will also come up to the level which is required of our judicial officers,’ Jethmalani added.
this is one of the great achievements of ad rM jethmalani.whole india has sympaty with binayak sen.in democracy one can express his/her thoughts.otherwise what is the meaning of democracy.congratulations jethmalaniji.
The system of granting bails must be further simplified. There are several persons languishing in jails as undertrials even for minor crimes.
After all right to life and liberty are also fundamental rights. Granting bail will not effect the investigation in all the cases. In some severe
and exceptional cases only, bail can be refused till the filing of charge sheet or till the investigation is completed. Hence bail applications
should not be rejected in a summary and mechanical manner. Recently the Hon’ble Apex court has held in(2009)7 SCC 559, even
application for interim bail has to be decided on the same day pending main bail application,on the ground that the reputation of a person
is his valuable asset. No doubt the lower court has sentenced him for sedition, but pending disposal of appeal, and till the said sentence
is either upheld or reversed in appeal, bail could have been granted. Hence The Hon.ble Supreme Court has rightly granted the bail.
The observations of the Apex Court, while granting the bail, have to be followed as a guiding principle by the Courts while considering the
bail applications.
WASIM AHMED KHAN
ADVOCATE HYDERABAD.
It is a big relief for many right thinking people; it is unfortunate that a man Binaya Sen is treated worse than hardened criminal or disgusting economic offender. Our Judiciary has granted bail as a matter of routine to every corrupt bureaucrat, politician and all tax offenders. I must confess our Apex Court once again reposed faith in the judiciary; but a question flashes across, why Binayak was not set free on a personal undertaking immediately. The observations of the Apex Court “if a Gandhian literature found in someone’s house, can he be termed a Gandhian” is an open slap on the face of judicial bodies who refused to see the things and grant bail.