Binayak: he must be given bail now . Why ?‏

Written on  14 May 2009

 To The Editor

 Indian Express

 Your edit ‘Two years on’(May 14) on Binayak Sen smacks of undue pressure on the Supreme Court when you say “he must be given bail now.” Has the Express crossed the Laxman rekha in disregarding the due process of law when Sen has been charged with serious offences? Is this not a direct interference by a newspaper in the administration of justice? 

 It must be remembered that Sen was arrested under the Chattisgarh Special Public Security Act, and the Unlawful Activities (Prevention) Act, . He has been accused of passing letters from the Maoist leader to operatives outside the jail, possession of materials that show allegiance to the outlawed group and helping rent an apartment for some of its members. These are indeed quite serious charges. Why then should a newspaper of your stature seem to put undue pressure on the judiciary by such editorials. Whether bail to Sen or not is left to the honourable judges to decide. The hearing should logically culminate into a verdict. This is what the law-abiding citizens of this nation expect from courts.

  Sen is no common undertrial – there are cases of undertrial languishing in jails for 14 years and above – and Sen has just been in jail for two years. You seem to be carried away by the character certificate of 22 Nobel laureates, a host of Indian MPs on which youpresume Sen not guilty and if this becomes a norm every culprit will bring in character certificates to influence the judiciary. This is strange coming as it does from a newspaper of your repute. Sen’s bail petition is coming for hearing this Friday. What was the need to> champion Sen’s cause with such undue haste?

 It is well known that Naxals have killed thousands of innocent policemen and civilians through brutal warfare. They are enemies of the state. Strangely you admit in your editorial that Sen’s supporters are accusing the Chattisgarh government of resorting to draconian methods. This itself proves that Sen and his supporters are sympathizers of Naxal movements. Yet, for some mysterious reason you agree with their viewpoint thereby casting aspersions on the government’s unrelenting fight against the Naxals. 

 Media trial in this country has become a Roman circus. But this is probably the first case where a newspaper has moved beyond reason to direct the Supreme Court “he must be given bail now.”  Is it not a calculated attempt by some leading TV channels and newspapers airing favourable stories/editorials against powerful law-breakers exactly two or three days before the case is slated for hearing. It was never ever expected from a newspaper of your repute.

V K Saxena

President

National Council for Civil Liberties