for sedition and helping Naxalites to set up a network to fight the State.The apex court said it was giving no reason for granting bail to 61-year-old Sen and left it to the satisfaction of the trial court concerned to impose the conditions for his release on bail. A bench comprising Justices H S Bedi and C K Prasad passed the order on the petition moved by Sen challenging the order of Chhattisgarh High Court denying him bail.
During the hearing, the bench observed that India is a democratic country and Sen may be a sympathiser of Naxalites but it did not make him guilty of sedition. Senior advocate Ram Jethmalani, appearing for Sen, submitted in his affidavit that the state has been unable to point out misconduct on his part. The bench also said that all the statements made by the state has no relevance. It said other documents and evidences produced by the state government, including his meetings with co-accused Piyush Guha 30 times in a jail and pamphlets and documents relating to Maoist activities recovered from his possession did not mean that he was involved in seditious activities. However, senior advocate U U Lalit, appearing for the state government, said that no case is made out for the bail and submitted that the activities of Sen have to be seen in a broader perspective.
Government has welcomed the Supreme Court order granting bail to Sen and said there is a need to revisit laws like sedition. Union Law Minister M Veerappa Moily said, if any law is not in conformity with constitutional aspiration, there is a need to re-look or propose amendments to such enactments. Home Minister P Chidambaram said, he always believed that if one is not satisfied with a lower court order, one can get reprieve by approaching a higher court. Chhattisgarh Chief Minister Raman Singh today said that his government respects the Supreme Court’s decision of granting bail to activist Binayak Sen, convicted and sentenced to life imprisonment for sedition by Chhatisgarh High Court. Singh said, Supreme Court has only granted him the bail and the pending legal process will continue in High Court at Bilaspur.
Union Ministers P. Chidambaram and Salman Khurshid expressed happiness over the court decision to release Mr. Sen, who was convicted and sentenced to life imprisonment on charges of sedition by a Chhattisgarh Court for helping Naxals set up a network,
Binayak Sen’s lawyer Ram Jethmalani saying the verdict is an endorsement of the right to freedom of speech as a principle of democracy. Similarly, Sen’s family members and friends expressed happiness over the Supreme Court order.