Dear friends,
The Asian Human Rights Commission (AHRC) is appealing to you to write to the Indian authorities requesting them to drop the false charges against Dr. Binayak Sen and release him from custody. 141 days have passed since the Chhattisgarh state government has detained Dr. Binayak Sen, a noted human rights activist and medical doctor, on false accusation of having relations with the Naxalite movement in Chhattisgarh. Dr. Sen is currently held at the Raipur Central Prison in Chhattisgarh state. An application for bail filed by Dr. Sen’s lawyers has been admitted by the Supreme Court of India. The Court has issued notice to the state government to respond to the application.
CASE DETAILS:
Dr. Binayak Sen is a medical doctor specialising in Pediatrics. Dr. Sen is a renowned doctor and a consultant of the state and central government on public health. Dr. Sen is practicing medicine in the remote villages of Chhattisgarh state. He treats the children in remote tribal villages of the state.
Dr. Sen was arrested by the Chhattisgarh state police on March 14, 2007. The state police accused Dr. Sen that he is closely associated with the Naxalite movement in the state. Applications filed on behalf of Dr. Sen at the local courts were dismissed since they were opposed by the state police. Throughout the hearing of these applications the state government and the police asserted that they have gathered credible evidence against Dr. Sen connecting him with the Naxalite movement in that state. However they failed to produce anything. But the court dismissed the application for bail.
Later, Dr. Sen’s lawyers filed application for bail at the Chhattisgarh state High Court, which was also dismissed by the court, believing the state government version of the case. Now an application has been filed at the Supreme Court of India on August 31, 2007, which has been admitted by the Court. The Court has issued notice to the state government calling for objections, if any, upon the application. The application is expected to be taken up for hearing within the next 15 days.
The AHRC has been issuing appeals regarding this case. For further information please see: FA-003-2007, UP-079-2007, UP-091-2007 and UP-106-2007. For further reading please see:
1. Yesterday Iftiqar Gilani, Today Binayak Sen : Subhash Gatade, 26 July 2007 Counter Currents
2. Public pressure mounts against the arrest of Binayak Sen : Bobby Ramakant, 30 August 2007 Asian Tribune
3. Dr. Binayak Sen Updates Christian Medical College, Vellore
4. Global health movement demands release of detained Indian doctor: Release Dr Binayak Sen Immediately! : People’s Health Movement, 16 May 2007
5. J’ accuse: A Children’s Doctor And A Mighty State : Subhash Gatade, 26 May 2007 Counter Currents
6. Binayak Sen: Victim of State vendetta : Harsh Dobhal, July – August 2007 Combat Law
7. Binayak Sen: redefining health care in an unjust society : C. Satyamala, July – September 2007 – Indian Journal of Medical Ethics
The AHRC will keep you informed about the further development in the case. However in the meanwhile if you wish to receive any additional information, please contact:
Mr. Rajendra K Sail, President PUCL Chhattisgarh State Chapter, Post Box No. 87
Main Post Office, Raipur 492001, Chhattisgarh, INDIA Email: pucl.cg@gmail.com
SUGGESTED ACTION:
Please send letters to the relevant authorities listed below, particularly to the Chief Justice of India, requesting the Supreme Court of India to consider the bail application on merits at the earliest. The AHRC is writing a separate letter to the Special Representative of the United Nations Secretary-General on the situation of human rights defenders calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
INDIA: Please consider the bail application of Dr. Binayak Sen at the earliest
Name of victim: Dr. Binayak Sen, National Vice-President, the Peoples’ Union for Civil Liberties, currently detained at Raipur Central Prison
Date of arrest: 14 May 2007
I am writing to you to express my concern about the continuing detention of Dr. Binayak Sen, a well renowned human rights activist and medical doctor of your state. I am aware that Dr. Sen, charged with crimes under the Chhattisgarh Special Public Security Act, 2005 has been denied bail by the court and is currently detained at the Raipur Central Prison. When I was informed about this case, 141 days have already passed since Dr. Sen’s arrest. I hope that Dr. Sen’s ordeal will soon be over.
I am aware that one of the charges leveled against Dr. Sen is regarding his alleged involvement with the anti-state rebel groups in Chhattisgarh state. However, I am informed that there are no credible evidences to substantiate this allegation.
I am surprised by the reaction of the state government in arresting a prominent human rights activist and doctor merely because he was involved in providing medical assistance to the poor. I am aware that Dr. Sen’s arrest has brought in enormous criticism against the state administration which is already suffering from a bad image due to maladministration. I am also aware that several persons have written to the state government asking to withdraw the charges against Dr. Sen, which the administration has denied thus far.
I am aware that Dr. Sen’s lawyers have filed a bail application before the Supreme Court, which has been admitted to records on 31 August 2007 and that the Court has issued notice to the state government, asking for a response. I am also informed that the Asian Human Rights Commission, Hong Kong is writing a separate letter to the Special Representative of the United Nations Secretary-General on the situation of human rights defenders calling for an intervention in this case.
In this context I request the Supreme Court of India to consider the application without any delay and an appropriate decision is made at the earliest.
Yours sincerely,
———————–
PLEASE SEND LETTERS TO:
1. Justice Mr. Balakrishnan
Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: 91 11 23383792
Email: supremecourt@nic.in
2. Dr. Raman Singh
Chief Minister
Chief Minister’s Office
Raipur, Chhattisgarh
INDIA
Tel: +91 771 2221000, 2221001, 2331001
Fax: +91 771 2221306
Email: cmcg@nic.in
3. Mr. Ramvichar Netam
Home Minister
Office of the Home Minister
Raipur, Chhattisgarh
INDIA
Email: hmin.cg@nic.in
4. Mr. Shivraj Singh
Chief Secretary
Government of Chhattisgarh
Raipur, Chhattisgarh
INDIA
Tel: +91 771 2221207
Fax: +91 771 2221206
Email: cs-cg@nic.in & shivraj@nic.in
5. Ms. Hina Jilani
Special Representative of the Secretary General on the situation of human rights defenders
Room 1-040, OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: + 41 22 917 9006
6. Dr. Manmohan Singh
Prime Minister
7, Race Course Road, New Delhi 110011
Fax: + 91 11 23019334
Email: pmosb@pmo.nic.in
7. Mr. Pranab Mukerjee
External Affairs Minister
Government of India
172, South Block, New delhi 110011
INDIA
Fax: + 91 11 23793704
Email: eam@mea.nic.in & diream@mea.nic.in
8. Mr. Nirupam Sen
Ambassador New York Permanent Mission
235 East 43rd St.
New York, NY 10017
U.S.A.
Fax: + 212 490 9656
Email: india@un.int & indiaun@prodigy.net
9. Mr. Jayant Prasad
The Ambassador Geneva Permanent Mission
7 bis, rue du Valais
1202 Geneva
SWITZERLAND
Fax: + 41 22 906 86 70
Email: mission.india-cd@ties.itu.int
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
