Indian paediatrician has been two years in prison without trialBMJ 2009; 338 doi: https://doi.org/10.1136/bmj.b1864 (Published 05 May 2009) Cite this as: BMJ 2009;338:b1864
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Dr. Binayak Sen has been granted bail by Indian Judiciary system, But
I am surprised at the misplaced euphoria in unduely eulogising indian
judicial system for Binayak's release- hailing it as a victory truth and
justice!.....when it isnt.
The naked fact remains that the current bail is granted to Binayak on
his failing health grounds and not because of any positive legal
It is important to note that the fabricated charges against Binayak
have still not been dropped. The court was compelled to set Binayak free,
as even state appointed prison doctor had no choice but to agree that two
years suffering and tribulations in jail had adversely affected his health
to the extent of warranting surgical intervention. If Binayak had not been
set free to seek emergency medical treatment, it would have amounted to
violation of basic human rights and a prima facie case of Custodial
violence by chattisgarh state authorities.
Even today, the Indian judicial system continues to be as unfair to
Binayak as it has been to him in last two years. According to Indian
Judiciary, He still is an "Anti-Indian" because the fabricated charges
of conspiracy on him of colluding with naxalites are yet to be dropped,
so technically, according to Indian legal system he still is guilty
because his innocence is yet to be 'proved'.
Given the massive support Binayak enjoys thanks to the high decibel
campaign which ensured constant media glare nationally and
internationally, the tardy legal system in India had basically no options
before it given his medical condition. It simply could not have hushed up
any threat to his life while in custody.
We call upon the International community to continue to support our
campaign in seeking justice to this good Samaritan doctor, who has won
several international awards for his humanitarian work in tribal regions
Actively involved with campaign to get Dr. Binayak Sen released.
Competing interests: No competing interests