- India
- International
On May 14,2007,China launched a Nigerian satellite,Roger Federer chose not to replace his coach before the French Open,and a frail,bearded doctor was arrested in Chhattisgarh. Today,two years on,Binayak Sen,charged with helping Naxalites,still remains in jail-without-bail while his trial plods along in Raipur.
To deny an undertrial bail for this long is serious business remember,he is still innocent unless proven guilty. If,after a long-winded trial,Sen is acquitted,who is to repay him his two years? Which is why bail is usually given as a matter of right,unless the applicant is likely to influence witnesses or tamper with evidence. But since the prime witnesses have already deposed and the evidence already placed before court,there is no havoc left for Binayak Sen to wreak. He can of course run away and evade the long arm of the law. But when youve chosen to devote your life to providing health care to the poor,and when 22 Nobel laureates,a host of Indian MPs,and prominent citizens vouch for your character,what more certification does the court need? Binayak Sens second bail petition has recently been admitted by the Supreme Court,and is scheduled to be heard this Friday. It is hoped that justice prevails.
With Naxalism posing a serious threat to Indias sovereignty,the state is quite right to respond in earnest. But Binayak Sens travails actualise the fears that critics and other irritants will be disposed of under the guise of counter-insurgency. As long as Sen remains in jail-without-bail,every state action against Naxals remains suspect is it genuine vigilance,or mere bloody-mindedness? Binayak Sens supporters also point to the draconian nature of Chhattisgarhs war against Naxals. That can be debated some time else,some place else. Right now,Binayak Sen,his heart failing,asks us two simple legal questions: Am I guilty under the law of the land? And should I get bail? Those answers were always loud and clear. Two painful years on,they have only got louder.