Sen is a sympathiser. Nothing beyond that,observed the Supreme Court (SC) today while granting bail to rights activist Dr Binayak Sen.
The SC order reversed the decision of Chhattisgarh High Court that had convicted Sen for sedition and sentenced him to life imprisonment. 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 bench said that it is giving no reason for granting bail and left it to the satisfaction of the trial court concerned to impose the conditions for his release on bail. In his affidavit, advocate Ram Jethmalani, appearing for Sen, said that the state has been unable to point out misconduct on Sen’s part.
UU Lalit, the lawyer representing the Chhattisgarh state, could not produce any evidence when the court asked him if there were any documents backing the charge of sedition.
Lalit also did not have any definite answer to the bench’s question of ‘whether Sen’s activities in any way connect to the offence of sedition?’
‘The worst that can be said is that he was found in possession of general documents (relating to Naxal activities), but how can it be said that such possession would attract the charge of sedition? How can you lay the charge of sedition?’ the bench asked.
While granting bail, the bench said, ‘We are concerned with the implementation of the judgement as no case of sedition is even made out.’