Please Note: The forum is now located at: savebinayak.freeforums.org

Updates:

Media Watch Update 20/04/2008

Media Watch Update 30/09/2007

Media Watch:

Hot News:

House of Commons Motion on Dr Sen:

House of Commons Thursday 7 June 2007 (‘Early Day Motions’) http://www.publicat ions.parliament. uk/pa/cm/ cmedm/70607e01. htm

1615 ARREST OF DR BINAYAK SEN 5:6:07

Ms Diane Abbott

Peter Bottomley

Lynne Jones

Mr Martin Caton

Mr Ronnie Campbell

Jeremy Corbyn * 11

Mr George Galloway

John Hemming

Mr Mike Weir

Mr Dai Davies

That this House is concerned at the arbitrary arrest of the human rights activist and General Secretary of the Chhattisgarh unit of the People's Union for Civil Liberties (PUCL), Dr Binayak Sen, in the Indian state of Chhattisgarh; notes with concern that this arrest has taken place in the aftermath of the alleged involvement by the police in the unlawful killing of 12 adivasis or tribal people; further notes that, despite these allegations being substantiated by a police inquiry, the state government still refuses to approve the prosecution of those suspected to be involved; further notes that this has occurred in the context of an escalation in violence between Maoist rebels and the Salwa Judum militia, which is widely believed to be sponsored by the state government; further notes with concern that other members of the PUCL have been subject to harassment and threats of arrest; and therefore supports the calls of Amnesty International for the state government to release Dr Sen immediately unless he is charged with a recognisably criminal offence and take urgent steps to end the harassment of the other human rights defenders in the state

07/06/2007

Report of visit to Raipur:

 A team of 5 members from Christian Medical College, Vellore (Dr. Vinod Shah, Dr. Anna Oommen, Dr. Sara Bhattacharji, Dr. Suranjan Bhattacharji and Dr. Anna Oommen) visited Raipur on May 31 to try and understand the local situation and show our support and concern to Dr. Binayak Sen. Many other groups from across the country also came to participate in the meetings. Binayak's younger brother Dipankar Sen had also come down from Belgium. The PUCL coordinated a day long public meeting attended by about 700 people from all walks of life and of all ages. About 200 of his patients and their family members participated in the meeting. People spoke fearlessly protesting Dr. Binayak's arrest, the Salwa Judum movement, the Chhattisgarh special security act, Special Economic Zones, and the displacement of tribal people. They distributed pamplets, showed banners and shouted slogans demonstrating solidarity with Dr. Binayak.

Medha Padhkar spoke forcefully for his release. A small group including members from CMC met with the Chief Secretary and Law Secretary of the Chhattisgarh Government submitting a memorandum expressing our concerns regarding Dr. Binayak's case. The Paul Harrison citation and petition for his release with nearly 2000 signatures were also submitted. The Chief Secretary listened patiently and agreed to take the matter up to the Chief Minister. Dr. Suranjan Bhattarji was allowed to visit Dr. Binayak in jail. He appeared fairly well and appreciated the wide concern on the issue of his arrest. He emphasized that we should not personalize the issue of his arrest, but should discuss the wider issues for which he has been struggling and arrested for.

At the end of the day a smaller meeting was held at which the following plans were suggested: 1. Setting up a National Committee with local committees to secure the release of Dr. Binayak Sen. 2. To sustain attention of the public, media and government on the issue. 3. Frequent visits by concerned persons including doctors to Raipur over the next few months particularly coinciding with the court proceedings. 4. Writing articles for news papers and magazines in national and local papers. 5. Local meetings to sensitize public, medical professionals and media regarding the issue.

One of the aspects that emerged during the course of our visit was the importance of emphasizing Binayak's role as a medical doctor; the role of a medical doctor in situations of civil strife, torture, custodial deaths and broadly in relation to civil rights. There was also the need to discuss how the crisis in Chhattisgarh is affecting health, as these are areas that he is working towards. All these allow a broader involvement of health professionals in the issue of his arrest.

What the CMC network can do: 1. Write to professional bodies and medical journals highlighting the problem as medical issue that the professional community should support. 2. Continue to sign the petition. 3. Enabling discussion of the wider issues surrounding the arrest of Dr. Binayak Sen. 4. Networking with other organizations that are involved in working to secure his release. 5. Sustaining his weekly clinic. 6. Sending letters to him at the following address preferably as a postcard in English or Hindi: Dr. Binayak Sen Raipur central Jail Raipur 492001 Chhattisgarh State (Letters will be read by jail authorities) 6. Individuals and smaller groups continue to visit Raipur to show our support and concern.

The visit of CMC faculty enabled highlighting of his medical work, the importance of the medical issues related to the case, the concern of the national and international medical community to his arrest. The state has poor health indices, and a lack of socioeconomic development and basic infrastructure. There is need for CMC to reach out specifically in relation to health. The nature of repressive state laws and media control make democratic discussion difficult. In this context the open support of common people, his patients, workers and tribal people for Dr. Binayak indicate their appreciation for his work. The efforts of Binayak and his colleagues in these circumstances speaks of high levels of involvement, social responsibility and courage. Ilina gracefully took care of everyone despite all her preoccupations. She wanted to thank all the CMC community for their care, concern and support.

01/06/2007

Dear Friends,
Here is an account of the various events in Raipur on the 31st of May 2007, in connection
with the arrest and detention of Dr. Binayak Sen. There were groups and individuals from
different organisations and institutions (such as CMC Vellore, Jan Swasthya Sahyog -
Bilaspur, PUCL Chhattisgarh, PUCL Tamilnadu, PUCL Jharkhand, CEHAT Pune, Narmada Bachao
Andolan, JNU New Delhi, JSA, CMMS etc.). Binayak's younger brother Dipankar Sen had also
come down from Belgium. There were four main events during the day:
1. A public meeting, attended by about 700 people, which was addressed by members of the
PUCL Chhattisgarh, Ms. Medha Patkar (of the Narmada Bachao Andolan), Dr. Kamal Mitra
Chenoy (of JNU), CMMS office-bearers and others. The speakers acquainted the audience
with the current ground situation in the Dantewada district and other areas of
Chhattisgarh state, the implications of the Salwa Judum movement, the special legislation
of the Chhattisgarh Government and the work done by Binayak Sen and other activists over
the last several years. The meeting was covered by some of the national TV channels and
the local press. There was also a special press conference at the same venue.
2. A meeting with Dr. Binayak Sen at the Raipur Central Jail - three persons were
permitted to meet him in the morning, and another group in the evening. Binayak appeared
to be in good health, and said that he was overwhelmed with the news of all the
initiatives to secure his release. He said that he viewed this support not only for
himself, but for the causes he has been taking up.
Binayak is permitted to receive postal letters (after they have been checked by the Jail
Superintendent) in English and Hindi only. Those of you who wish to write to him may do
so at the following address:
--------------------------
Dr. Binayak Sen,
Raipur Central Jail,
Raipur 492001,
Chhattisgarh State.
--------------------------
3. A meeting with the Chief Secretary and Law Secretary of the Chhattisgarh Government
with a group consisting of a lawyer from PUCL Tamilnadu, jounalist, faculty of CMC
Vellore, JSA representative etc. The Law Secretary said that there was a Naxalite
problem, and that the state Govt. was determined to put it down. The Chief Secretary was
more receptive and heard the arguments put forward by the PUCL Tamilnadu lawyer. He
appeared to be unaware of certain actions of the police, like the raid and ransacking of
the farmhouse (registered in Ilina Sen's name) on the outskirts of Raipur, without a
warrant. The CS said that the police had evidence of Binayak's involvement in Naxalite
activities in the form of letters and phone calls. These and other points raised by him
were effectively countered by the lawyer and journalist in the group, who also acquainted
him with the health work of Binayak, and the protests and demonstrations at different
places in India and abroad. The CMC faculty mentioned the Paul Harrison Award given to
Binayak in 2005 for distinguished service in rural areas.
While the Law Secretary was hostile and unrelenting, the CS, though defensive of the
police and Govt. actions, appeared to be willing to listen to the representatives of the
different institutions in the group. He promised to review the issue of the arrest of
Binayak with the Chief Minister. At the end of the meeting (which lasted 80 minutes), the
CS and the Law Secretary were given a copy of the online petition and signatures, as well
as the citation of the Paul Harrison Award of CMC Vellore.
4. A smaller meeting at the end of the day to plan further action. Binayak's legal
defense is being organised from Delhi and Raipur, with support from other individuals and
organisations.
A public relations campaign is to be conducted at different levels, involving the media,
the medical profession, different NGOs, networks and other organisations. The issue is to
be kept alive, particularly during the days immediately preceding court appearances and
hearings of the case.

The events of the day confirm that much remains to be done, and the issue of Binayak's
arrest and detention has to be kept alive and raised at as many different levels and
forums as possible.

Yours sincerely,
Ravi D'Souza.

5/23/2007
Dr Binayak Sen- Updates

23 May 2007

Dear colleagues & friends,

As you aware,  Dr. Binayak Sen (MBBS Batch of  1966  Christian Medical
College, Vellore) has been under judicial  custody from  May 14, 2007
in Raipur for his civil liberties work among the tribals of
Chattisgarh. Binayak is one of our distinguished alumni  who has been
actively involved in defending the liberty of the marginalised.  We
have requested the President of India, Prime Minister of India,
President of the National Human  Rights Commission and Governor of
Chhattisgarh to intervene and arrange for his release.

We have received several  emails from alumni and friends requesting us
to set up a fund in support of the cause.  You can  send donations to
the Christian Medical College Vellore Association Account Number
22D099.

With warm regards,

Yours sincerely,

George M. Chandy
Director


PEOPLE'S UNION FOR CIVIL LIBERTIES– CHHATTISGARH Post Box No. 87, Main Post Office, Raipur – 492001: Chhattisgarh: India E-mail: pucl.cg@gmail.com ============================================================ UPDATE On Dr. Binayak Sen's Illegal Detention:

Raipur, 22nd May, 2007: 18:00 hrs *

Dr. Binayak Sen's Judicial Remand Extended Un Till 5th June *

The CPU seized during Search to be Examined in the Presence of Experts and Dr. Sen's Lawyers – Orders the Court Dr. Binayak Sen was produced today in the court of the Additional CJM at Raipur along with the co-accused, Mr. Pyush Guha. Dr. Sen was sent on judicial remand to Raipur Central Jail until 5th June, 2007. The police had applied for permission from the Court to examine the CPU of his Computer by an expert, which was seized during the search on 19th June. Dr. Sen's lawyers had moved an application yesterday that the CPU be examined in the presence of two independent witnesses with knowledge of computers. During the hearing today, the State opposed the application on the grounds that there was no such provision in the CrPC, and that both the parties, the police and the accused, would not be present during the examination of the CPU by an expert to be appointed by the government. However, after hearing both the parties, the Honourable Court passed an order that the CPU would be examined by the government expert in the presence of the District Head of the National Informatics Centre, and a lawyer suggested by the accused with knowledge of computers. Advocate Saurabh Dangi's name was suggested by the lawyers of Dr. Sen, who practices at Chhattisgarh High Court at Bilaspur. Dr. Binayak Sen informed the concerned court that the police escorts tried to handcuff him at the jail gate, which he protested. The court has finally ordered that he should not be brought in handcuffs from the Raipur Jail and back until it was really necessary to do so. During the day's proceedings, PUCL members, social activists, friends, family, students and other citizens were present to express solidarity with Dr. Binayak Sen. The Bail application for Dr. Binayak Sen was moved by his lawyers today. The hearing on the Bail application would be held in the Sessions Court at Raipur on 24th May, 2007. During this hearing, prominent lawyers from Delhi , Calcutta are likely to be present. · Prominent Journalists and Social Activists Meet The Governor of Chhattisgarh Demanding Dr. Binayak Sen's Unconditional Release A delegation from Delhi representing various organizations met the governor of Chhattisgarh, Mr. E.S.L. Narsimhan, demanding the unconditional release of Dr. Binayak Sen and erasing anti-democratic laws like the Chhattisgarh Special Security Act, 2005. The delegation consisted of Prabhash Joshi, Senior Journalist, Ajit Battarcharjee, Former Editor of TOI, HT, Indian Express, Harsh Mandar, former IAS officer, Dr. B.D. Sharma, former IAS officer, Kavita Srivastav, National PUCL Secretary, Arun Khote, National Convener of National Commission of Dalit Human Rights. The response of the Governor was very formal, and he asked the delegation to knock the doors of the courts. The delegation could not meet the Chief Minister Dr. Raman Singh, although given an appointment at 1 pm, given the sudden and tragic death of O.P. Rathore, the Director General of Police, Chhattisgarh, who died of a massive heart attack while delivering a lecture on anti-terrorism. However, the memorandum signed by the delegation was submitted to the representative of the CM, who promised to look into the demands. * Protest Demonstration on 24th May In District Headquarters in Chhattisgarh Under the banner of PUCL-Chhattisgarh, a one day protest has been organized on 24th May at the district headquarters. A signature campaign will be launched on that day demanding the scrapping of the Chhattisgarh Special Security Act, 2005, and the unconditional release of Dr. Binayak Sen. The memorandum with signatures will be submitted to the governor and chief minister of Chhattisgarh on 31st May, 2007, the day an all India protest is being organized in Raipur . Prominent citizens and members of various human rights and people's organizations from all over the country will participate in the protest on the 31st May. * Protest meeting in Delhi on 26th May, 2007 On the afternoon of 26th May, 2007, a protest meeting has been organized at Gandhi Peace Foundation in New Delhi to review the situation arising out of Dr. Binayak Sen's illegal detention under the black laws, and chalk out future strategy and agenda for action. A National Committee for the Defence of Dr. Binayak Sen will be constituted at this meeting, bringing together prominent lawyers, doctors, literary figures, journalists, social workers, trade union leaders, students, etc.

20/05/2007

Dear Friends,

We are writing on behalf of CMC staff, students, alumni and friends of Binayak to thank you for supporting the petition highlighting Binyak’s illegal imprisonment. Ilina (Binyak’s wife) and Binayak’s family have written to us to convey their gratitude to all who have supported the petition. We have received 1988 signatures that were sent to the President, Prime Minister, Governor of Chhattisgarh, Commissioner of the National Human Right’s Commission and other government officials both on Thursday and Saturday. And more are still coming.

 

Update on Binayak’s case

Binayak was produced in the court of the Judicial Magistrate by the police on May 18. The public prosecutor argued for a police remand. This would have meant shifting him out of Raipur Central Jail to a police station. Appearing on behalf of Binayak, Adv. Sudha Bharadwaj argued against a police remand and for continuation of the judicial custody. A bail application made earlier had been rejected. The good news is that the Judge, after keeping everybody in suspense for a number of hours (which Binayak spent in the company of his friends and the police under a tree outside the court), rejected the police’s request for a police remand.

His friends say that Binayak appeared to be in good spirits.  He was pleased to know all the news about the protests. He is sharing a 10x12 room with 13 other inmates at the jail, but had no complaints about it, as he felt that he was being treated well.

The search of the house on Saturday was uneventful. The police took some papers, books and their computer. Both the police and Ilina videoed the process. They took Binayak back to jail and Ilina and the girls are now at home. He is due to be produced in court on Monday.

In the house search the following documents were taken by the police as per phone conversation with Ilina Sen. (This list will be published by her/PUCL soon).

This is the list is as follows:

1. Article be Vasantha Kannabiram on the womens movement and naxalite movement. This was from Hyderabad . It is a published document.

2. Peoples March a magazine that comes in the post.

3. a hand written note on ‘how to build a front against US imperialism’

4. 2 letters from jail that have come through the jail superintendent in the post. One requesting the PUCL to look into conditions in the jail and the other from a maoist prisoner requesting that his case and health be looked into

5 Five CD’s that have been made by the PUCL on human rights in Jarkhand and Chattisgarh that have already been distributed.

 

However The times of India has reported that hundreds of incriminating documents have been seized.
http://timesofindia.indiatimes.com/India/Naxal_papers_found_at_officials_house_Cops/articleshow/2062094.cms

(Please counter the point raised by Times of India in your discussions with others)

 

 

 Efforts to highlight Binayak’ case                                                     

PUCL and PUDR representatives met with the Home Minister. Protest meetings were held in New Delhi and Jaipur on May 18. A press conference was held on the same day in New Delhi . Alumni of CMC have been active lobbying both within India and abroad.

Activities that are planned

1. Meeting in New Delhi on May 26th on the situation of Civil Liberties in Chhatisgarh. The venue and time are to be finalised.

2. Meeting in Raipur on May 31st – All persons who are interested to support Binayak’s case are requested to come to register their protest.

We hope that Binayak may be released at the earliest. However we need to be prepared to campaign for the issue as long as it takes. Many people have written asking what they can do.

 

 

Here are some suggestions of things that you can do:

 

a. Talk to local groups that you are connected with and local press regarding Binayak Sen’s case.

b. Request more people to support the signature campaign at the following sites:

http://www.petitiononline.com/Binayak/petition.html

c. Write to Ilina and PUCL expressing your support.

E-mail:

Ilina c/o- Jan Swasthya Sahyog - janswasthya@gmail.com

PUCL, Chhattisgarh- pucl.cg@gmail.com

d. Those who are interested and able should try to come to Raipur for the public meeting on May 31.

 

Issues that you may want to highlight when you talk to groups and the press are:

a. Binayak’s 30 year involvement in relation to Primary health care, Mitanin programme, TB, Shaheed hospital of the mine workers in MP and now Chhattisgarh

b. His civil right’s work that have brought to light custodial deaths, “encounter deaths”, land grabbing, malnutrition deaths and Salwa Judum.

c. His concern about the public health situation particularly in troubled parts of Chhattisgarh. 30,000 people have been displaced and are living in deplorable condition in Salwa Judum Camps set up by the Government. The camps lack basic health facilities and have had severe outbreaks of malaria, gastroenteritis and measles. Many Primary Health Centres have been occupied by the security forces and therefore people are not able to access the health facilities in these camp villages. In villages where people have refused to move out of their villages into these camps, the state government has withdrawn all public health services. The basic health infrastructure has therefore collapsed in over 500 villages of Dantewada district.

d. Binayak is a person who has extended the role of a doctor beyond caring for sick, or dealing with community health problems to the social responsibility of a doctor in times of civil strife. He has shown that a doctor should eschew violence either by the state or revolutionary groups. That when a doctor witnesses infringement of civil liberties it is their responsibility to speak up.

e. The Chhattisgarh Special Public Security Act, 2005 (CSPSA) under which he is imprisoned, permits arbitrary detention with no remedy of appeal or review for a maximum period of imprisonment of seven years for any expression or act which the state may deem as disturbing public order.

f. We feel that he is being falsely accused in the context of his human rights work.

g. Please counter the information in Times of India article that incriminating documents have been found.

 

We request:

a. The safe release of Dr. Binayak Sen and withdrawal of all charges against him.

b. Repeal of laws such as CSPSA, 2006 that are being indiscriminately used to stifle democratic dissent.

c. The need of the Chhattisgarh state Government to provide health care facilities to all people without discrimination.

 

More information may be obtained at:

www.savebinayak.ukaid.org.uk

http://gyanoprobha.typepad.com/

http://www.pucl.org/

 

Please let us know if you have any other suggestions or need more information. We will try to keep you informed as more information comes in.

 

With regards,

Anand Zachariah

Sara Bhattacharji

This is the latest update from CMC alumni

On 19 May 2007, at 07:46, alumni wrote:

UPDATE ON DR. BINAYAK SEN

Binayak was produced in the court of the Judicial Magistrate by the

police on May 18. The public prosecutor argued for a police remand.

This would have meant shifting him out of Raipur Central Jail to a

police station. Appearing on behalf of Binayak, Adv. Sudha Bharadwaj

argued against a police remand and for continuation of the judicial

custody. A bail application made earlier had been rejected. The good

news is that the Judge, after keeping everybody in suspense for a

number of hours (which Binayak spent in the company of his friends and

the police under a tree outside the court), rejected the police's

request for a police remand.

Ilina and their two young daughters Pranhita and Aparijita arrived

from West Bengalyesterday, but have been unable to access their house

since it is sealed. All of them have shown remarkable composure. Ilina

has conveyed her feelings of being overwhelmed by the support and

solidarity shown by all the friends at Delhi, Vellore and here in

Chhattisgarh.

His friends say that Binayak appeared to be in good spirits. He was

pleased to know all the news about the protests. He is sharing a 10x12

room with 13 other inmates at the jail, but had no complaints about

it, as he felt that he was being treated well. The police will be

searching their house tomorrow.

We have submitted the petition with 1184 signatories on May 17 to the

President, Prime Minister, Governor of Chhattisgarh and Commissioner

of National Human Rights Comission. The petition has been highlighted

in both the Hindu and Indian Express. We are submitting a second set

of 804 signatures today. Please continue to submit signatures.

Alumni across the world continue to lobby on behalf of Binayak. A

meeting will be held in Raipur on May 31 in which all friends from

across the country are invited to lend their support to Dr. Binayak Sen.

UPDATE On Dr. Binayak Sen's Illegal Detention:

Raipur, 18th May, 2007: 18:30 hrs

 

 

*DR. BINAYAK SEN PRODUCED IN COURT

*POLICE REMAND REJECTED BY THE COURT

*SENT ON JUDICIAL REMAND TILL 22ND MAY

*HOUSE SEARCH TOMORROW

 

            Dr. Binayak Sen was produced in the Court of the First Class Judicial Magistrate, Mr. Praveen Pradhan and the police applied for further "police remand" for two days, which was rejected by the Court as there was no ground for it. However, the Court permitted the House Search to be conducted from 10:30 am to 4:00 pm tomorrow, in the presence of Dr. Binayak Sen. Dr. Sen was represented by Adv Sudha Bhardwaj and Adv Sadiq Ali.

 

            Rejection of State Application for Police Remand of Dr. Sen by the Court is considered a big legal and moral victory. Dr. Sen himself addressed the Court, and requested that he be provided with a copy of the FIR, Complaint and the Grounds on which he was detained. It may be recalled that Dr. Sen has not been provided with any documents, so far.

 

            The Police had arrested Dr. Sen on 14th May, and produced him in the court of the Additional Chief Judicial Magistrate on 15th May itself, without seeking "police remand". He was then taken on "judicial remand" and sent to the Raipur Central Jail. Therefore, it is not understandable why the police sought further "police remand", although there was no fresh evidence or reason to do so.

 

            Members of PUCL, Press and People's Organisations were present in large numbers to express their solidarity. Dr. Sen's morale was high and his health quite alright. He had freedom to talk to his wife, Dr. Ilina Sen, and two daughters, besides a number of friends and well-wishers.

 

            The Chhattisgarh PUCL has convened its State Executive  Committee Meeting tomorrow to discuss the future strategy.

            A number of solidarity letters and petitions are being sent to the President of India, the Prime Minister, the Chhattisgarh Governor, and the Chairman, NHRC.

           

                                                                                                Rajendra K Sail

                                                                                                President

                                                                                                Mobile : 098268-04519