Binayak Sen: Justice Denied?

This is in continuation of my previous post regarding Dr. Sen. Before I get on with the post, let me state that the purpose of this post is to talk about the state of main stream media and how it can be and is being used as a tool by divisive forces to misguide the civil society.

The Headlines of India Today dated January 10, 2011 hollered

BINAYAK SEN: JUSTICE DENIED

Here is what the magazine says:

Dr. Sen is an activist who helped jail inmates with their human rights. The law of the state came heavily on him because he had prepared a report on 'Salwa Judum', titled - Where the State Makes War on its Own People, regarding the violation of people's rights during Salwa Judum campaign in Dantewada, Chhatisgarh. The judgement of J.P.Verma (awaiting confirmation in the lower judiciary) pronounced the order in just 20 minutes. The root cause of his arrest are one Pijush Guha, who owns a bidi factory and Narayan Sanyal, a suspected Maoist ideologue. Sen used to courier the naxalite letters and journals between Guha and Sanyal. The Rule of the law broke down for Sen. In support of this 'break down' is given as - for example, the evidence A37 is a paper which was not mentioned in the seizure memo. This particular paper is a hand written and appears a fresh paper. All the evidence is circumstantial.

The entire tenor of the article makes one feel that an underdog with a heart of gold has been cornered and badgered by injustice of the ruthless might of the state.

May be injustice has been done to Dr. Sen. May be the state has perpetrated justice. That will come out during the course of future proceedings of the courts. Let us focus on the content of the Big Story of the magazine.

Notice how it has to be mentioned that the judge is awaiting confirmation in the lower judiciary. Is it to tell us about the inexperience of the Judge thus obliquely questioning the Judicial system of the nation.? Or, may be they were just stating the facts. Let us give them the benefit of doubt. 

What does it say about Sanyal.? He is a "suspected maoist ideologue". Not a hardcore naxalite but just a suspected ideologue.

Oh yeah! That means the Andhra Pradesh government has started offering rewards of INR 11,00,000/-  on suspected ideologues. How honestly they are informing us?

 Okay! What does the doctor say about his relation with Sanyal. Here it is.

I  was approached by the family of Mr Narayan Sanyal to look after his health...after he was brought to Raipur jail in 2006...It was brought to my notice that the surgery on his hands was being delayed due to communication problems between the jail and the doctors.... I played the role in facilitating his surgery... During this period there was correspondence between the prisoner's family, administration and medical authorities, of which copies were marked to me.

So, it was strictly a doctor-patient relationship. A relationship which extended upto arranging rented accommodation for the suspected ideologue and ensuring bank accounts for the patient. Really humanitarian doctor from Christian Medical College.

If someone will take the pain to go through the entire judgement, here it is. Otherwise, here is what can be considered regarding this relationship.

On 22.7.2006 Dr Binayak Sen claiming to be a relative, met with prisoner Narayan Sanyal to discuss domestic matters.

On 04.08.2008, 12.06.2006, 21.12.2006, 05.01.2007, 12.1.2007, 19.2.2007, 26.02.2007, 14.03.2007, 17.03.2007, 29.03.2007, 08.04.2007, 18.04.2007, were dates on which accused Binayak Sen came to meet accused Narayan Sanyal claiming that he was meeting him as a relative to discuss household matters.

These are from the visitor's register of the jail. Still more is there.

On 22.01.2007 advocate Sudha Bharadwaj had come with accused Binayak Sen to meet with accused Narayan Sanyal. Register Exhibit P 119 contains this entry wherein accused Binayak Sen claimed he was accused Narayan Sanyal’s brother, which he had entered and signed.The said register Exhibit P 118 was seized via seizure memo Exhibit P 136 as per the testimony of witness AP Singh (PW 45), who was jailor in Bilaspur jail. Seizure memo Exhibit P 136 from section A to A bears his signature. The above mentioned seizure memo has also been corroborated by Inspector BS Jagrit (PW 85) in his testimony. The counsel for the accused did not challenge these in any way.

On the other hand, we have honest journalists who are not on the payrolls of anti national forces. They do not publish half truths to mislead the general public. If you do not trust me, look at this article from 'The Pioneer'. A good example of investigative journalism.

I had to take a lot of pains and spend many hours into this sordid affair. The aim was to find out the truth so as to take the side of the righteous. The governments of the day are rarely righteous but it does not mean that we start supporting every anti government movement. If we do that, it will defeat the very purpose of civil society. I have seen many honest and genuinely concerned citizens favoring Dr. Sen. I request them to dig a little deeper and if I am wrong, kindly let me know.

सत्यमेव जयते