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Charges Framed Against Binayak Sen

Dear Friends,

Greetings from Chhattisgarh PUCL!

In our earlier UPDATE ON DR. BINAYAK SEN, General Secretary, CG PUCL, we had
mentioned to enclose a copy of the Charges Framed Against him by the Trial
Court on 2nd February 2008.

However, we found out that this was not done.
Therefore, we are doing it now.

We do hope that you would be present at the Trial beginning 30th April and
ending on 3rd May, 2008 at Raipur.

More details will follow!

Regards,

In Solidarity,

Rajendra K Sail
President
Chhattisgarh PUCL

Encl: English Translation (unofficial) of the Charges framed against Dr. Sen

In the Court of Additional Sessions Judge-XI,
F.T.C., Raipur, Ch.G.
Sessions Case No. /07
The State of Chhattisgarh
Versus
Piyush Guha etc.
CHARGE-SHEET
(Framed today on 02.02.2008)

I, B.S. Saluja, Additional Sessions Judge-XI, F.T.C. Raipur, Ch.G, frame the
following charge against you, the accused Dr. Binayak Sen S/o Late D.P. Sen,
aged 57 years, address - Surya Apartment, Katora Talab, Raipur, Ch.G.
(1) On 06.05.2007 or before it, you alongwith accused Narayan Sanyal and
Piyush Guha, hatched a conspiracy at Railway Station Road, Raipur, Ch.G. or
Central Jail, Raipur, Ch.G. or Central Jail, Bilaspur, Ch.G. or Katora
Talab, Raipur, Ch.G. or Hotel Mahendra Raipur or Hotel Geetanjali, Raipur
for war against the Government of India or State Government or making an
attempt of war or made abetment for war, which is punishable under section
121 (a) of Indian Penal Code and cognizable under the jurisdiction of this
Court.

(2) On the above said date, time and place, by using words, signals or by
abetment created or made an attempt to create hatred or contempt to the
government established by law in India or made or attempt to made treason;
in the alternate the charge is made that you hatched the conspiracy for
treason, which is punishable under section 124 (a) or 124 (a) read with
section 120-B of Indian Penal Code, which is cognizable under the
jurisdiction of this Court.

(3) On the above said date, time and place, as a member of illegal
organization, participated in the meetings or activities of illegal
organization or received or gave funds for the purpose of illegal
organization or in the alternate, the charge is that you hatched the
conspiracy for above, which is punishable under section 8(1) of Ch.G.
Special Public Security Act, 2005 or section 8 (1) of Ch.G. Special Public
Security Act read with Section 120-B I.P.C., which is cognizable under the
jurisdiction of this Court.

(4) On the above said date, time and place, though not as a member of an
illegal organization, received or gave the funds for the illegal
organization or demanded contribution or gave contribution to the so-called
member of illegal organization or in the alternate the charge is that
hatched conspiracy for the above, which is punishable under section 8 (2) of
the Chhattisgarh Special Public Security Act, 2005 or section 8 (2) of the
Chhattisgarh Special Public Security Act read with section 120-B I.P.C. and
is cognizable under the jurisdiction of this Court.

(5) On the above said date, time and place, you managed the illegal
organization or assisted in its management or expanded the meeting of
illegal organization or its members or participated in any type of
activities of the illegal organization or took any part in the activities of
said illegal organization or in the alternate the charge is that hatched
conspiracy for the above, which is punishable under section 8 (3) of the
Chhattisgarh Special Public Security Act, 2005 or section 8 (3) of the
Chhattisgarh Special Public Security Act read with section 120-B I.P.C. and
is cognizable under the jurisdiction of this Court.

(6) On the above said date, time and place, you committed the above said
illegal activities or made abetment to commit the said illegal activities or
hatched a planning to commit the same or in the alternate hatched the
conspiracy of above, which is punishable under section 8 (5) of the
Chhattisgarh Special Public Security Act, 2005 or section 8 (5) of the
Chhattisgarh Special Public Security Act read with section 120-B I.P.C. and
is cognizable under the jurisdiction of this Court.

(7) On the above said date, time and place you remained the member of
illegal organization or participated in the meetings of illegal organization
or collected contributions for the use of such organization or gave or made
request for such contributions or assisted in the works of said illegal
organization in any other manner or in the alternate hatched the conspiracy
of same, which is punishable under section 10-A of Prevention of Illegal
Activities (Amendment) Act, 2004 or section 10-A of Prevention of Illegal
Activities (Amendment) Act, 2004 read with section 120-B of IPC and is
cognizable under the jurisdiction of this Court.

(8) On the above said date, time and place, you remained the member of
Terrorist organization, which is punishable under section 20 of Prevention
of Illegal Activities (Amendment) Act, 2004 and is cognizable under the
jurisdiction of this Court.

(9) On the above said date, time and place, you kept the property mentioned
in the charge-sheet in your possession despite having knowledge that it has
been earned from terrorist activities, which is punishable under section 21
of Prevention of Illegal Activities (Amendment) Act, 2004 and is cognizable
under the jurisdiction of this Court.

(10) On the above said date, time and place, you remained the member of
terrorist organizations to increase its activities, which is punishable
under section 38 (2) of Prevention of Illegal Activities (Amendment) Act,
2004 and is cognizable under the jurisdiction of this Court.

(11) On the above said date, time and place, you conducted meetings to earn
support for the organizations with the intention to increase the activities
of terrorist organizations or addressed the meetings, which is punishable
under section 39 (2) of Prevention of Illegal Activities (Amendment) Act,
2004 and is cognizable under the jurisdiction of this Court.

Therefore, I order that why this Court should not conduct trial against you
for the above said charges.

Sd/-
(B.S. Saluja)
Additional Sessions Judge-XI
F.T.C. Raipur, Ch.G.
Plea of accused
Charges read over to accused Dr. Binayak Sen S/o Late D.P. Sen and he pleads
that - Charges are baseless and denied.
Signatures of accused: Sd/- 2.2.08
Sd/-
(B.S. Saluja)
Additional Sessions Judge-XI
F.T.C. Raipur, Ch.G.
============ ========= ========= ========= ========
(Unofficial Translation from Hindi of the Charges Framed in the Case of Dr.
Binayak Sen, General Secretary, Chhattisgarh PUCL, P O Box 87, Main Post
Office, Raipur - 492001: Chhattisgarh: E-mail:)