Raipur: Chhattisgarh High Court on Friday issued a notice to the state government seeking the trial court records of Dr Binayak Sen's case. The court issued the notice on a petition moved by Dr Sen's lawyer Mahendra Dubey cahllenging his clients conviction and life term for sedition and helping Naxals.
A two-judge division bench of Justice TP Sharma and Justice RL Jhawar heard the petition. Dr Sen's bail petition will be heard on January 24.
The social rights activist was given a life term by a sessions court on December 24, after he was convicted for sedition.
Dr Sen has challenged the life sentence given to him saying his involvement in the alleged crime was not proved beyond reasonable doubt.
Dubey filed an appeal against his conviction on Wednesday, contending that after a thorough examination of the lower court's judgement it has become clear his involvement in the alleged crime was not proved beyond reasonable doubt.
"Circumstantial evidence, which form the basis of the judgement, lack cohesion and arguments of the defence were ignored," Dubey said in the petition challenging the December 24 order of Additional District and Sessions Judge B P Verma.
Dubey further said, "The lower court neither properly followed the procedure laid down for trial of criminal offences nor explained the evidence adduced in accordance with law."
The conviction has triggered angry reactions from fellow activists within and outside the country.
Sen, Vice-President of People's Union of Civil Liberties, was convicted for sedition and sentenced to life in prison along with Naxal ideologue Narayan Sanyal and Kolkata businessman Piyush Guha for colluding with Maoists to establish a network to fight the state.
Additional District and Sessions Judge BP Verma held the trio guilty under provisions of section 124A (sedition)and 120 B (conspiracy) of IPC and Chhattisgarh Special Public Security Act.
Sen, a paediatrician by training, had been accused by the prosecution of acting as courier for Sanyal, who was in jail, by carrying his messages and letters to the underground Maoists.
Sen was arrested on May 14, 2007 from Bilaspur and was in jail for two years before being granted bail by the Supreme Court in May last year.
(With PTI inputs)
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