Incident 2day
The Supreme Court on Friday granted bail to Dr Binayak Sen, who has been convicted for sedition and sentenced to life by a Raipur court in Chhattisgarh. A bench comprising Justices HS Bedi and CK Prasad passed the order on the petition moved by Sen challenging the order of Chhattisgarh High Court denying him bail.
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.
While granting bail to Sen, the court observed that even if he is a Naxal sympathiser, it does not makes him guilty of sedition.
"We are a democratic country. If Gandhian literature is found on some one, it doesn't make him a Gandhian. He may be a Naxal sympathiser but that doesn't make him guilty of sedition," said the court. The court also observed that possession of Naxal literature is not a proof of sedition.
"He is a sympathiser. Nothing beyond that," the bench further said.
Senior advocate Ram Jethmalani, appearing for Sen, submitted in his affidavit that the state has been unable to point out misconduct on his part.
The bench also said that all the statements made by the state has no relevance.
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 Naxal activities were recovered from his possession did not mean that he was involved in seditious activities.
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.
While granting bail to Sen, the court observed that even if he is a Naxal sympathiser, it does not makes him guilty of sedition.
"We are a democratic country. If Gandhian literature is found on some one, it doesn't make him a Gandhian. He may be a Naxal sympathiser but that doesn't make him guilty of sedition," said the court. The court also observed that possession of Naxal literature is not a proof of sedition.
"He is a sympathiser. Nothing beyond that," the bench further said.
Senior advocate Ram Jethmalani, appearing for Sen, submitted in his affidavit that the state has been unable to point out misconduct on his part.
The bench also said that all the statements made by the state has no relevance.
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 Naxal activities were recovered from his possession did not mean that he was involved in seditious activities.
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