Need strong evidence in sedition cases: Ex-chief justicesDecember 28th, 2010 - 9:29 pm ICT by IANS
New Delhi, Dec 28 (IANS) Referring to rights activist Binayak Sen being sentenced to life term, two former chief justices of India (CJI) Tuesday said the evidence against an accused in a sedition case needs to be really strong, proving the guilt “beyond a shadow of doubt”. “The state has to prove to the hilt that the person is guilty. If there is anything short of that, the person can’t be convicted,” former CJI V.N. Khare told a TV channel.
Sen, 59, was Dec 24 held guilty of sedition by a Chhattisgarh court and sentenced to life term. He is a vice president of the People’s Union for Civil Liberties.
Sen was arrested in 2007 from Bilaspur for alleged links with Maoist ideologue Narayan Sanyal but was released in May 2009 at the behest of the Supreme Court.
Former CJI Khare said the case would now be decided in high court only on the grounds of evidence.
“The matter will go on (with the focus being on) whether the kind of evidence before the trial court is correct,” added Khare.
If the evidence is weak, the high court can set aside the order, he said.
Former CJI A.H. Ahmadi also echoed Khare’s view on having tight evidence against the accused in cases of sedition.
“The charge is very serious and the punishment prescribed is also very serious. Evidence has to be clinching against the accused,” he said.
“If proof is weak, I would not expect court to sustain the conviction. In deciding such cases, judiciary should show great concern,” Ahmadi said.
- Rights activist Binayak Sen convicted, arrested (Lead) - Dec 24, 2010
- Rights activist Binayak Sen convicted - Dec 24, 2010
- Binayak Sen case timeline - Dec 24, 2010
- Court rejects Binayak Sen's bail, activists shocked (Night Lead) - Feb 10, 2011
- High court reserves order on Binayak Sen's bail plea (Second Lead) - Feb 09, 2011
- IPS officer's widow oppose Sen's bail plea (Lead) - Jan 25, 2011
- Binayak Sen to be released today - Apr 18, 2011
- Binayak Sen convicted; family, activists furious (Second Lead) - Dec 24, 2010
- Chhattisgarh high court dismisses Binayak Sen's bail plea (Lead, Changing Dateline) - Feb 10, 2011
- Binayak Sen gets life, angry activists vow appeal (Roundup) - Dec 24, 2010
- Binayak Sen moves high court against life term - Jan 06, 2011
- Timeline of Binayak Sen case - Apr 15, 2011
- Chidambaram welcomes SC verdict on Binayak Sen - Apr 15, 2011
- Binayak Sen, two others get life term; family, activists furious (Third Lead) - Dec 24, 2010
- Binayak Sen gets life imprisonment - Dec 24, 2010
Tags: ahmadi, behest, bilaspur, chief justices, civil liberties, cji, conviction, dec 24, guilt, hilt, ideologue, judiciary, khare, maoist, New Delhi, s union, sedition, shadow of doubt, trial court, tv channel