Binayak sentence looks like miscarriage of justice: Amartya

Mr. Sen also hoped that the judgement convicting Binayak, who has been awarded life term by a Chhattisgarh court for “sedition” and colluding with Maoists, will not “survive” the challenge made to the higher courts of the country.

The nobel laureate was addressing a gathering after releasing a book ‘A Doctor to Defend -- the Story of Binayak Sen’ written by journalist and documentary filmmaker Minnie Vaid.

He referred to the “exemplary” work Binayak did to reach healthcare to people in rural Chhattisgarh and said the judgement also raises some questions about India’s democracy, legal framework and Indian engagement with issue of equity.

It appears that Binayak has been “unjustly convicted” though the matter is “sub-judice” and “we should not second-guess” the courts,” Mr. Sen said, adding, he hopes that the ruling will be changed by the High Court or the Supreme Court.

“The charge of passing communication appeared to have been based on second-hand or third-hand material...even then how the offence of sedition could be made out? There was no indication that he supported or preached violence,” he said.

Mr. Sen said he was somewhat “amazed” by the nature of the decision and added in a slightly lighter vein, “Tomorrow I may be sued for sedition depending on the content of a letter someone asked me to post in a letter box.”

“As Indian citizens, we have right to pose questions -- like how some petty thinking became so dominant in the Indian legal system,” Mr. Sen said. He also referred to the sedition charge brought against writer Arundhati Roy and the point made that her comments allegedly offended “patriotic sentiments“.

“In a democracy, we have no obligation to air only patriotic sentiments. If some people don’t understand it...this is about the foundation of democracy.”

Noted jurist Soli Sorabjee, who was present at the function, said the “worrying” factor about the ruling was its

“tone and temper” which seemed to suggest that “if you sympathise with Naxals, be prepared”. “There is an atmosphere of paranoia,” he said. Mr. Sen said it looks like a “miscarriage of justice”.

To a question whether this judgement would discourage physicians who want to work in remote rural areas, he said it can be a disacouragement if it survives the challenge made to higher courts.