10
NEW DELHI I WEDNESDAY I DECEMBER 29 I 2010
‘Based on these discussions... GUILTY’
CONCLUDING PART OF EXCERPTS FROM JUDGE
VARMA’S VERDICT, AGAINST BINAYAK SEN AND OTHERS,
translated from the Hindi by Ashutosh Bhardwaj
SANYAL BACKGROUND
37. According to sahayak upnirikshak Dhi-
ranand Jha, he visited Giridih (Jharkhand) on
the orders of the SP, Raipur, in August 2008…
Regarding the 11 November 2005 incident, a case
of loot and murder was registered in police station
Sadaranchal (Giridih), involving nearly 300
Maoists. Narayan Sanyal was mainly involved in
the incident.
38. According to sahayak upnirikshak H C Jad-
hav, he visited Balarampur (West Bengal) on the
orders of the SP, Raipur, on 12 August 2008 and
took down the statement of Sadhan Kumar
Pathak... nearly 140-150 Maoists bombed a po-
lice camp being built in Gudpana with land-
mines... The name Vijay Da figured in the case.
This witness has stated that Narayan Sanyal is
also known as Vijay Da.
42. Going through the statements of prosecution
witnesses and other documents, accused Sanyal is
proved to be a politburo member of CPI
(Maoist) and involved in various Naxal and crim-
inal activities.
LETTER NETWORK
43. As far as the involvement of Binayak Sen in
Naxal activities is concerned, witness Anil Ku-
mar Singh has stated that when asked where he
received these letters, Piyush Guha replied Sen
visited Sanyal who gave him the letters.
45. Witness BS Jagrit has stated that when they
(a police team) visited A/26, Surya Apartment,
Katora Talab, Raipur, residence of Sen, he and
FOR THE
RECORD
BINAYAK
SEN
VERDICT
PART-2
his wife Ilina were present… a small yellow
book… special edition of People’s March of No-
vember-December 2004 (16 pages), a letter by
Madan Lal Barkade addressed to “Comrade Bi-
nayak Sen”, a three-page Andhra Pradesh Hu-
man Rights and Naxalite Group (document) in
English… a postcard from Sanyal to Sen (were
recovered)… These seized articles are A-19 to
A-38.... a CPU and eight CDs were seized…iden-
tified as A-38 to A-45.
46. Sen has admitted to the recovery of these
articles except A-37 from his residence.... But the
above witnesses (policemen present) have re-
jected his claim, proving that A-37 too was recov-
ered from his residence.
52. The above testimonies of various witnesses
(policemen posted in Raipur jail) prove the letter
in English recovered from Guha was written by
Sanyal, which, according to the prosecution, was
given by Sanyal to Sen in jail to be handed over to
Guha for delivery in Kolkata.
‘RELATIVE’ MEETINGS
54. Witness S R Thakur says he was posted as
deputy jailor in Central Jail, Raipur, from 24 Feb-
ruary 1999 to 28 May 2007…on 22 July 2006, Sen
introduced himself as a relative of Sanyal and
met him in jail for family discussions… the meet-
ing is mentioned in the (jail) register as entry no
24, with signatures of Thakur, Sen and Sanyal.
55. According to S R Thakur, Sen met Sanyal,
claiming to be a relative, on 4 August 2008, 12
June 2006, 21 December 2006, 5 January 2007,
12 January 2007, 19 February 2007, 26 February
2007, 14 March 2007, 17 March 2007, 29 March
2007, 9 April 2007, 19 April 2007…. during cross-
examination, above witness has admitted that
Sen did not describe himself as Sanyal’s relative
while applying for a meeting.
57. Witness RK Singh Keshar says he was
posted as jailor in Bilaspur jail… on 22 January
2007, advocate Sudha Bhardwaj and Sen came to
meet Sanyal... entry is mentioned in the (jail)
register... Sen claimed to be Sanyal’s brother,
about which he made an entry that carries his
signature.
58. Though the accused have denied meeting
(Sanyal) as a “relative”, the above irrefutable
statements of witnesses prove that Sen met
Sanyal on various dates mentioned above claim-
ing to be a “relative”.
JOBS & HOUSES
59. Regarding involvement of Sen in Naxal activ-
ities, witness Deepak Chaubey says… Sanyal was
his tenant… asked “who approached him for the
house”, witness says “Binayak Sen...”
60. According to Deepak Choubey, after they
published a newspaper advertisement about rent-
ing out the house, Sen, Sanyal and Amita Srivas-
tava went to them... Srivastava and Sanyal began
living there… the rent was Rs 1,500 per month...
Sen had said Sanyal was a relative of his. Sen being
a respected citizen... (Choubey) rented out the
rooms... At that time Srivastava was a teacher in
Vivekananda School. Srivastava and Sanyal lived
in the house for six-seven months, and when he
(Choubey) visited them in January 2006 for pay-
ment of rent he came to know from neighbour
Sharmaji that the Andhra Pradesh police had
raided the house, Sanyal had been arrested and
Srivastava was absconding.
61. According to witness Manish Daga, he was
principal of Jatan Devi Daga Higher Secondary
School, Civil Lines. He knows Amita Srivastava
NATIONAL NETWORK
because she taught in the school... she did not re-
turn after leaving in March 2005. He learnt about
her Naxal activities in the newspapers. Accord-
ing to Meena Singh Puri, she is the principal of
Vivekananda Higher Secondary School, New
Shanti Vihar Nagar. Amita/Anita Srivastava was
a teacher... around two years ago and she got the
job on the recommendation of Ilina Sen.
62. According to Meena Singh Puri, Ilina Sen
introduced Srivastava saying... please employ
her. Srivastava is an MA (Sociology) from Alla-
habad University... was speaking good English...
was given the job. She worked for seven months,
then suddenly stopped coming. She did not sub-
mit a resignation… Amita had a CD related to
WWII Nazi camps that was shown to students;
later they came to know that she was linked to
Naxals and had gone absconding.
63. According to witness Arun Kumar Dubey, he
was assistant manager in Central Bank of India
(main branch, Raipur) from 2004-2007. His
home was in Kailashpuri, Raipur. He rented out
two rooms to Shankar Singh for Rs 1,500.
Shankar and a neighbour said he was a social
worker… Shankar said his brother is a journalist
and sister-in-law a teacher, whose name he men-
tioned as Amita Srivastava… he says Sanyal and
Sen used to visit Shankar and Amita.
69. According to witness Ramswaroop, he
rented out his Rohinipuram, Raipur, house to
Shankar Singh… Shankar told him he worked in
Rupantar (Ilina's NGO) office, Katora Talab…
According to Udaychand Jain, he was posted as
an officer in Corporation Bank, Rajbandha
Maidan, Raipur… on 3 November 2003,
Shankar Singh opened an account and Ilina Sen
signed as his introducer.
70. The statements of these witnesses prove
that Binayak Sen and Ilina Sen have links with
hardcore Naxals Amita Srivastava and Shankar
Singh. On the basis of their contacts and support,
hardcore Naxals Amita and Shankar managed
to open bank accounts, get jobs and rented
homes.
A CONNECTION
82. A call was made from 9433140118 to
9893224291 (Sen's number) on 3 February
2007… the number 9433140118 is that of Bula
Sanyal (wife of Narayan Sanya’s elder brother)
in Kolkata. This proves Sen's family was in contact
with Sanyal's family ... Sen has admitted to speak-
ing to Bula Sanyal on phone.
NETWORK
84. According to witness K R Pisda, he was col-
lector in Dantewada… the Naxal problem is per-
sisting in the area for 30 years… Naxal terror in-
creased to the extent that local people found it
difficult to survive. Because of these reasons, in
June 2005 the Salwa Judum operation against
Naxals was launched.
90. According to B S Jagrit, the network of CPI
(Maoists) operates in two divisions, “urban and
rural”. The Naxals in urban networking provide
support to rural areas by supplying arms, medi-
cines and material for propagation. The accused
present in the court are involved in urban net-
working… The cache of arms seized from Raipur
and Durga led to the arrest of K S Priya alias
Malati alias Shanti alias Premkumari, wife of
Gudsa Unsedi alias Vijay, and Praful Jha... They
are hardcore Naxals. Their names are mentioned
in the CPU seized from Sen’s home on 19 May
2007.
91. According to B S Jagrit, Rupantar is a Naxal
organisation in Raipur run by Binayak and Ilina
Sen… Shankar Singh, Amita Srivastava, Bop-
pana, Madan Barkade, Somey Sen (wife of Naxal
Tusharkant Bhattacharya arrested from Patna)
have links with the accused present in the court,
and their names are in the DVD obtained from
the CPU of accused Sen.
SEIZURES
92. Prabhat Patrika recovered from Guha… (ar-
ticles of the Patrika) opposes the arrest of Sanyal
and praises those killed in encounters, calling
them martyrs… (another magazine) describes
Dandkaranya as Hamara Dandkaranya and a
plan for a people’s war to free the area. This mag-
azine also says “People’s Guerilla Army ne CRPF ki
nind uda di” and takes the responsibility for an at-
tack on (Andhra) CM N Chandrababu Naidu.
94. Article A-8, a letter to “Dear friend P”, and
Article A-9, a letter to “Dear Friend V”… A-8
mentions a plan for an International Penetration
Organisation and the ascent of Maoists to Nepal
Parliament.
96. Article A-37 (letter recovered from Sen’s
home) mentions it was sent to him by Chhattis-
garh State Committee CPI(Maoist) condemn-
ing Salwa Judum and murders of Maoists Bhima
Koda and Shyam Bihari…. (Book number 2)
mentions Ilina Sen as life member of CLSL, de-
fence witness Ajay TG and hardcore Naxal
Shankar Singh are also members… and Binayak
Sen is general secretary.
97. (Another book) mentions the name of Yasin
Malik and Gulam Rasuldhar of JKLF as mem-
bers of Marxist Coordination Committee….
termed hardcore Naxal by prosecution. Amita
Srivasatva, now absconding, is also mentioned…
hardcore Naxal Shankar Singh is mentioned as
employee of Rupantar.
102. Counsel for Binayak Sen contends he was
arrested on 14 May 2007, whereas on this date
CPI (Maoist) was not declared an “unlawful orga-
nization”, declared so in 2009, and hence the
charges under Sections 8 (1), (2), (3), (6) of
Chhattisgarh Special Public Safety Act 2005 do
not apply. This contention does not hold
ground... Chhattisgarh government on 12 April
2007 declared CPI (Maoist) and sister organisa-
tions unlawful for a year.
105. Binayak Sen says the recovered docu-
ments do not mention article A-37… and the arti-
cle doesn’t carry his signature, hence the article
was set up by the police to implicate him.
107. According to defence witness Mahesh Ma-
hobe, he videographed the police (raid and)
seizure at Sen’s home. The police carried the
seized CDs, cassettes and documents in a bag in
open condition.... BS Jagrit and BBS Rajput sub-
mitted during cross-examination that “as A-37
possibly got stuck to some other article, it couldn’t
have the signatures of Sen”... These witnesses
further say the seized articles were produced in
sealed condition…which proves that A-19 to A-37
seized from Sen’s home were presented... and the
accused was given a copy only after the seal was
broken in court.
112. Contentionofaccusedthattheydidnotknow
eachother....wehavealreadyseen(thetransaction
of letters among Sanyal, Sen and Guha)….which
proves unity of mind and the fact of entering into a
criminal conspiracy to commit sedition.
VERDICT
115. On the basis of above discussions, accused
Binayak Sen, Narayan Sanyal and Piyush Guha
are held guilty of…. promoting Naxal and terror
activities… committing the conspiracy to com-
mit sedition…participating in activities and
meetings of unlawful organization CPI
(Maoist)….managing unlawful organisations,
helping in such management.
117. Therefore, accused... are held guilty un-
der Sections 124 (A) and 120 (B) of IPC; Sec-
tions 8(1), (2), (3), (5) of Chhattisgarh Special
Public Safety Act 2005; Section 39 (2) of Unlaw-
ful Activities (Prevention) Act 1967; and Sanyal
under Section 20 of Unlawful Activities (Pre-
vention) Act.
(Concluded)
(Log on to www.indianexpress.com)
TheIndian EXPRESS
www.indianexpress.com
Judge blindly
accepted
whatever
police said,
rebuts PUCL
BINAYAK SEN'S WIFE ILINA
and his organisation, People's
Union for Civil Liberties, on
Tuesday issued a critique of Judge
B P Varma's verdict holding Sen
and two others guilty of sedition.
Its main points:
SEDITION LAW
“In Kedarnath Singh vs State of Bi-
har... the Supreme Court held that
the offence of sedition, defined as
spreading disaffection against the
state, should be considered as having
been committed only if the said dis-
affection is a direct incitement to vi-
olence or will lead to serious public
disorder. The sessions court ver-
dict... fails to establish that the words
or deeds of the accused were a direct
incitement... This would be the case
even if it was established that Bi-
nayak Sen had passed on Narayan
Sanyal's letters to Piyush Guha, or
Guha was likely to pass on these let-
ters to other CPI(Maoist) members,
or that Sanyal was a CPI (Maoist)
politburo member.”
CASE AGAINST SEN
(a) Exhibit A-37: “A certain (un-
signed) planted letter, exhibit A-37...
supposedly by the Central Commit-
tee of CPI (Maoist) to Sen, was
claimed as seized from Sen's house...
not mentioned in seizure list; not
signed by Sen, investigating officers
or search witnesses; not part of Sen's
copy of the chargesheet. Judge has
overlooked this planting of evi-
dence, accepting the ridiculous ex-
planation by investigating officers
that this article probably stuck to an-
other (chipak gaya tha) and hence
could not get signed...”
(b) Jail meetings: “The judge... ig-
nored Sen's contention that he was
performing his duty as human
rights activist and physician... on
the request of undertrial's family.
The judge has not considered doc-
uments... showing that Sen had
permission from the SSP for his
jail visits.”
(c) CPI(Maoist) links: “Unsubstan-
tiated testimonies of police officials
that Sen and his wife Ilina had
helped alleged hardcore Maoists
Shankar Singh and Amita Srivas-
tava. Shankar was employed by Ru-
pantar (Ilina's NGO)... On a friend's
recommendation, Ilina had helped
Amita find a job in a school.”
(d) Sanyal's landlord: Deepak
Choubey said he accepted Sanyal as
a tenant on Sen's recommenda-
tion...Judge rejected contention that
Choubey made statement because
the police threatened to implicate
him (in an earlier case).”
SANYAL & GUHA
Verdict cites content of journals al-
legedly seized from Guha, and cases
against Sanyal in other states. “The
judge unquestioningly accepted the
police version based on the testi-
mony of seizure witness Anil Singh,”
in turn based on what he “over-
heard” when Guha was in custody.
“Any (such) statement is inadmissi-
ble... Judge held Sanyal to be a mem-
ber of CPI (Maoist) on the basis of
cases in which he has not yet been
pronounced guilty...”
LETTERS
(Sanyal allegedly gave letters to Sen,
who passed them on to Guha for de-
livery in Kolkata) “The judge has re-
lied solely on the evidence of police
officers and seizure witness Anil
Singh... Judge has said that Guha has
failed to produce any evidence in
favour of his (denial), thereby
putting the onus of proof on the ac-
cused and not the prosecution.”
PLACE OF ARREST
“In the Supreme Court the police
said that Guha had been arrested
from Mahindra Hotel but in the ses-
sions court the police have said that
Guha was arrested from Station
Road... The police’s flimsy argu-
ment, that the discrepancy was be-
cause of a typo, has been
accepted...“