Demand Immediate Release of Dr Binayak Sen
Dr Binayak Sen is a popular paediatrician
in India, he is known as a “Barefoot Doctor”. Sen has dedicated his work to the
rural poor in India. He was handed a life sentence in prison for sedition by
the government of Chhattisgarh (a state in central India).
His only crime had been to expose the
blatant violation of human rights taking place in India, especially in the
state of Chhattisgarh. He has been convicted on the basis of trumped up
charges, with the aid of police-fabricated evidence and false witnesses.
By way of our solidarity with Dr Binayak Sen, and
calling for his immediate release, we
publish below his statement to the Court, which arbitrarily and
unjustly awarded him a life sentence.
I am a trained medical doctor
with a specialization in child health. I completed my MBBS from the Christian Medical College, Vellore in 1972, and completed studies leading to the award of the
degree of MD (Paediatrics) of the Madras University, from the same institution
in 1976. After this, I joined the faculty of the Centre for Social Medicine and
Community Health at the Jawaharlal Nehru University in New Delhi and worked
there for two years, before leaving to join a field based health programme at
the Friends Rural Centre, Rasulia in Hoshangabad, MP. During the two years I
worked there, I worked intensively in the diagnosis and treatment of
Tuberculosis and understood many of the social and economic causes of disease.
I was also strongly influenced by the work of Marjorie Sykes, the biographer of
Mahatma Gandhi, who lived at the Rasulia centre at that time.
I came to Chhattisgarh in 1981
and worked up to 1987 at Dalli Rajhara (district Durg), where, along with the
late Shri Shankar Guha Niyogi and the workers of the Chhattisgarh Mines Shramik
Sangh, I helped to establish the Shaheed Hospital, that continues to practice
low cost and rational medicine for the adivasis and working people of the surrounding
areas upto the present. After leaving Dalli Rajhara, I worked to develop a
health programme among the Adivasi population in and around village Bagrumnala,
which today is in Dhamtari district.
This work depended on a large
group of village based health workers who were trained and guided by me. When
the new state of Chhattisgarh was formed, I was appointed a member of the
advisory group on Health Care Sector reforms, and helped to develop the Mitanin
programme, which in turn, became the role model for the ASHA of the National
Rural Health Mission. A copy of the Order of the Department of Health and
Family Welfare of the Govt. of Chhattisgarh regarding my nomination to the
advisory group mentioned above is attached. (Annexure 1.)
My work in the area of community
health, as well as my work on Human Rights which is detailed below, has been
nationally and internationally recognized. I have been awarded the Paul
Harrison Award by the CMC Vellore in 2004; the RR Keithan Gold medal by the Indian Academy of Social Sciences in 2007; and have received the Jonathan Mann award for
Health and Human rights from the Global Health Council in 2008. I am attaching
notarized copies of the citations of these awards with this statement, and am
carrying the originals for the perusal of the court. (Annexures 2, 3, 4 and 5)
I have been a member of the
Peoples’ Union for Civil Liberties (PUCL) since 1981. The PUCL is an
organization devoted to the preservation of constitutional civil liberties and
human rights that was founded by the late Shri Jayprakash Narayan during the
years of the Emergency. In Chhattisgarh, as well as in many other parts of the
country, the PUCL led the campaign for the preservation of the freedom of
speech, prevention of custodial violence, and for the public accountability of
the police. I became General Secretary of the Chhattisgarh unit of the PUCL in
2004, and am currently the President of the State unit, and Vice President of
its National body.
In Chhattisgarh, the PUCL has
been in the forefront of exposing the atrocities of the police. Atrocities by
men in uniform against vulnerable sections continue to be a serious problem in the state, as the front page news item in the Sunday Times dated 12th September
2010, annexed hereto as Annexure 6 shows. In this situation PUCL’s efforts were
always directed towards the establishment of good governance and constitutional
values. PUCL findings and investigations were always made available in the
public domain through press releases and its own publications. One such Press
Release reporting investigation into police atrocities in Village Jiramtarai,
Thana Koylibeda is annexed hereto as Annexure 7. The report of one such
investigation pertaining to police atrocities in Katgaon (Kanker district) was
published in the Navbharat and Deshbandhu newspapers which are
annexed hereto as Annexure 8and 9 respectively. A PUCL publication on the State
of Human Rights in Chhattisgarh is appended to this statement. (Annexure 10).
In this connection PUCL regularly corresponded with the National and State
Human Rights Commissions. Copies of some of the letters sent to the PUCL by the
National Human Rights Commission (collectively) and the State Human Rights
Commission are attached to this statement. (Annexure 11 and 12)
Apart from investigating and
documenting many cases of Human Rights abuse involving the police, the PUCL has
acted as a whistleblower in the matter of exposing the true nature of the Salwa
Judum. The Salwa Judum, which began in the Dantewada district in 2005, has been
represented by the state government as a spontaneous peoples’ movement against
the Maoists active in the area. However, an investigation led by the PUCL and
involving several other Human Rights organizations revealed that it was in
reality a state sponsored and state funded as well as completely unaccountable
vigilante force, to which arms were provided by the government. The activities
of the Salwa Judum have led to the emptying of more than 600 villages, and the
forced displacement of over 60,000 people. Concerns regarding the activities of
the Salwa Judum have been expressed by several independent organizations
including the National Human Rights Commission. International organizations
like the UNICEF have also voiced serious concern and have invited me to
dialogue with them about the restoration of normalcy in the region affected by
Salwa Judum. The Hon’ble Supreme Court has also, on several occasions,
expressed its grave concern over the activities of the Salwa Judum and the
deployment of armed vigilantes for the promotion of state policy. This has been
widely reported in the press. A Table with an indicative list of agencies that
have made critical observations on the Salwa Judum is attached (Annexure 13). A
copy of the report on the Salwa Judum by the Chhattisgarh PUCL and other
organizations (Annexure 14), and copies of the investigation reports on the
Salwa Judum brought out by the Independent Citizens Initiative and Asian Centre
for Human Rights are being filed along with this statement (Annexure 15 and 16
respectively). An invitation from the UNICEF, Chhattisgarh Regional Office to
participate in a dialogue to seek a resolution to the crisis in Dantewada as a
fallout of the Salwa Judum is similarly attached to my statement (Annexure
17).Press reports in the Hitavada, dated 23.10.2010 pertaining to the Hon.
Supreme Court’s critical observations are attached (Annexure no 29), as are
Certified copies of Supreme Court orders that make critical observations on the
Salwa Judum are also being attached (Annexure 18)
The PUCL has also, during 2006,
organized two major conventions, opposing the proposal to enact the
Chhattisgarh Special Public Security Act, because it has been, and continues to
be, our view that this Act contravenes the civil liberties assured to us in the
constitution. I have expressed these views in the Press as well, and am
attaching with this submission a copy of newspaper carrying a press report of
such a convention (Annexure 19), as well as a copy of the newspaper Chhattisgarh
dated 30th March 2006 in which my interview appears in this regard. (Annexure
20) A Civil Writ Petition (Writ Petition No 2163/2009) challenging the vires of
the Chhattisgarh Special Public Security Act has been filed by the PUCL in the
Chhattisgarh High Court. Certified copies of the Court orders admitting this
petition and issuing notice are being filed along with this statement (Annexure
21).
For all the reasons mentioned
above, the Chhattisgarh police and the state government have harboured a grudge
against me, and the then DGP of Chhattisgarh, Mr OP Rathore, has gone on record
threatening to take action against the PUCL and its office bearers. Copies of a
newspaper of 3rd January 2006 carrying a report to this effect are attached to
my statement. (Annexure 22)
I have been concerned with the
rights of prisoners in my capacity as a Human Rights worker and was approached
by the family of Mr Narayan Sanyal to look after his health and well being
after he was brought to Raipur jail in 2006. My first visit to him in jail was
in the company of his family and lawyer. Subsequently, I obtained permission
from the police authorities for visiting him in jail, and visited him several
times, each time applying to do so in my capacity as a PUCL office bearer.
After my visits, I informed his family members about his condition over the
telephone. During the course of these visits, it was brought to my notice that
the surgery on his hands that was necessary for medical purposes, was being
delayed due to communication problems between the jail and the doctors in the Raipur Medical College. I played a role in facilitating his surgery and kept his family
informed about the process. During this period there was considerable
correspondence between the prisoner’s family, jail administration and medical
authorities, of which copies were marked to me. I attach along with this
statement copies of the letter written by Mr Radha Madhav Sanyal (brother of
Narayan Sanyal) to the Jail Superintendent with a copy to me (Annexure 23);
copies of my applications to visit Mr Narayan Sanyal in jail which were
obtained through an application under the RTI (Annexure 24); copy of the
written permission given to me by Shri BS Maravi, Senior Superintendent of
Police, Raipur (Annexure 25) and copies of the correspondence from the Jail
authorities to the medical doctors mentioned above with copies marked to me
(Annexure 26).
It was with similar concern for
the situation of prisoners that I acted upon the letter received in the post
from one Madanlal Barkhade about prison conditions in the Raipur Central Jail.
I released his letter to the press in Raipur and attach the newspaper in which
the aforesaid letter was published. (Annexure 27)
The documents seized from my
house during the house search on 19.5.2007 were those of concern to me in the
ordinary and transparent conduct of my work. Human rights organizations from
all over the country used to send me books, pamphlets and documents, and there
were thousands of these lying in my residence, which I also used as my office.
None of the seized documents had been secretly or clandestinely obtained.
Document No. A 19 was sent to me by post by Shri Govindan Kutty, Editor,
Peoples’ March. Document no A 20, purported to be written by Madanlal Barkhade
was similarly received by me in the regular post. The document A 21 was sent to
me by Dr Kalpana Kannabiran, one of the authors of the article, then Professor
at the National Law School Hyderabad, by e-mail. Article A 22, photocopy of a
hand written document, and Articles A 23 and A 36 were available for
distribution at a seminar on the Salwa Judum organized by the Nelson Mandela
Centre for Peace and Conflict Resolution, Jamia Milia Islamia, New Delhi in January, 2007, to which I was invited , and were picked up by me there.
Article A 24 was received by me in the post. Newspaper clippings A 25 to A 35
are newspaper clippings that I had maintained in furtherance of my interest in
the emerging situation in Chhattisgarh.
Several policemen in the search
party were involved in the process of the search at my house. Having found a
document, the person finding it would hand it over to Mr Rajput. Mr Rajput
would first read it, and then hand it over to me for my signature. He would
also sign it himself. After we had both put our signatures on the document, he
would dictate to TI Jagrit what was to be written in the seizure memo. Mr
Jagrit would then make the entry, following which Mr Rajput would then hand
over the document to Mr Jagrit. In this manner, each document was seized,
signed, and entered in the seizure memo. None of the documents were signed by
the public witnesses in my presence. Nor were the documents sealed in my
presence. At the end of the search process the documents were carried away in a
paper bag in an unsealed condition. Document A37 was never received by me to
sign. It was not in my office, and was not seized during the search. It was
fabricated after the search by the police to implicate me falsely.
When the challan in my case was
filed, my advocate, Mr Amit Banerjee was present in court and received the
charge sheet on my behalf. A copy of the charge sheet is annexed hereto as
Annexure 28. Upon going through the charge sheet, we noticed that in the copies
of articles A 19 to A 24, the signatures of the panch witnesses were not
present in the documents. Copies of articles A 25 to A 37 were not supplied to
us at the time. Despite a court order, the contents of the computer were copied
onto DVDs without the presence of my advocate, and only DVDs of selected
material from the computer were supplied later during the course of the trial.
Out of the DVDs supplied, three relate to investigation of police atrocities /
fake encounters in Golapally, Jiramtarai and Katgaon. My images on these tapes
are in conversation with the villagers who are affected by these atrocities.
I have never seen Deepak Chaubey
(PW7) until the time he testified in the court. I did not introduce Narayan
Sanyal to him and his story that Narayan Sanyal was arrested from his house is
patently untrue as, in fact, Sanyal was arrested in Bhadrachalam.
I submit that my prosecution is
malafide; in fact it is a persecution. I am being made an example of by the
state government of Chhattisgarh as a warning to others not to expose the
patent trampling of human rights taking place in the state. Documents have been
fabricated by the police and false witnesses introduced in order to falsely
implicate me.
Binayak Sen