Dr Binayak Sen at the time of his arrest in Raipur in May 2007.
Dr Binayak Sen at the time of his arrest in Raipur in May 2007.

Video evidence rejected in Indian doctor's sedition trial



RAIPUR // An Indian judge has refused to look at crucial video evidence in the trial of a world-renowned health worker and human rights activist accused of being a Maoist insurgent.

Dr Binayak Sen, who has given more than 25 years of his life to helping the rural poor in the remote Indian state of Chhattisgarh, was arrested in May 2007 on charges of sedition, criminal conspiracy, making war against the nation, and knowingly using the proceeds of terrorism.

The state claims he is a member of the Communist Party of India (Maoist), which is fighting a guerrilla war against the Indian state in the name of its poorest citizens. Chhattisgarh is at the centre of the war, accounting for one third of the 1,100 fatalities so far this year.

Dr Sen denies all the charges against him. Despite his incarceration, he was presented with the RR Keithan Gold medal by the Indian Academy of Social Sciences in December 2007 and the Jonathan Mann award for Health and Human Rights from the Global Health Council in 2008.

A letter signed by 22 Nobel laureates helped gain his release on bail in May 2009.

Dr Sen's trial is reaching its conclusion at the sessions court in the state capital of Raipur, with the defence section concluding yesterday.

In an earlier statement to the court, Dr Sen accused the government of persecuting him for highlighting civil rights abuses by police and state forces charged with eradicating the Maoist rebels.

"I am being made an example of by the state government of Chhattisgarh as a warning to others not to expose the patent trampling of human rights taking place in the state," Dr Sen said in his statement. "Documents have been fabricated by the police and false witnesses introduced in order to falsely implicate me."

Maoist insurgents emerged in the late 1960s as a series of violent revolts against landlords and the upper classes in rural areas of eastern and central India. The Maoist movement has been through a number of phases over the past 40 years, but has consistently called for the overthrow of the Indian state and the introduction of communism.

Its current phase began with the merger of several extremist groups to form the Communist Party of India (Maoist) in 2004. The government says the Maoists have a presence in around a third of India's 626 districts. Chhattisgarh's combination of difficult terrain, poor governance and under-resourced security forces have allowed the Maoists to operate with relative autonomy in large swathes of the state. Exploitation of tribal and peasant communities by mining and industrial companies, and heavy-handed treatment by the police, have bolstered the movement.

A central part of Dr Sen's defence is a video recording of a police search carried out at his home at the time of his arrest. His wife had gained permission from a magistrate to film the raid, and Dr Sen's defence counsel told the court it clearly shows evidence being removed by police in "open plastic bags" rather than being sealed on the scene.

Since the only evidence against Dr Sen is a letter written to him from a Maoist leader, allegedly found during the raid, the defence argued the video was crucial to proving their claim that the letter was planted by the police.

However, the prosecution objected when it came to showing the video in court on Friday, and the objection was upheld by Judge BS Verma. No grounds were given for the objection or for the refusal to show the video. It remains unclear whether the judge will view the evidence privately at a later stage.

The police have chosen not to present their own recording of the search.

A policeman stationed in the court also ordered that foreign journalists could not take notes in court, and could do so only "at home".

During his defence, Dr Sen told the court that he came to Chhattisgarh in 1981, where he set up a rural hospital and a network of "barefoot nurses" to provide low-cost medical care to the remote tribes of the region.

He was also a leading member of the People's Union for Civil Liberties (PUCL), which campaigns against police violence and promotes freedom of speech and public accountability.

The PUCL has investigated a large number of human rights violations by security forces and the government in Chhattisgarh, particularly their support for an anti-Maoist militia known as Salwa Judum (meaning "purification hunt"), which began operating in 2005.

A report by the PUCL accused the government of supplying arms and money to the Salwa Judum. Dr Sen described the group in court as a "completely unaccountable vigilante force" which "led to the emptying of more than 600 villages, and the forced displacement of over 60,000 people". The group has since been officially disbanded, and a trial is currently taking place in the Supreme Court against the Chhattisgarh government for its role in supporting the militia.

Counsel arguments are due to take place in December, and a final verdict is expected after the winter recess in January. Judge Verma has the power to impose any sentence, up to the death penalty.

Ticket prices

General admission Dh295 (under-three free)

Buy a four-person Family & Friends ticket and pay for only three tickets, so the fourth family member is free

Buy tickets at: wbworldabudhabi.com/en/tickets

The White Lotus: Season three

Creator: Mike White

Starring: Walton Goggins, Jason Isaacs, Natasha Rothwell

Rating: 4.5/5

NO OTHER LAND

Director: Basel Adra, Yuval Abraham, Rachel Szor, Hamdan Ballal

Stars: Basel Adra, Yuval Abraham

Rating: 3.5/5

How to donate

Send “thenational” to the following numbers or call the hotline on: 0502955999
2289 – Dh10
2252 – Dh 50
6025 – Dh20
6027 – Dh 100
6026 – Dh 200

The smuggler

Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple. 
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.

Khouli conviction

Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.

For sale

A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.

- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico

- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000

- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950

In numbers: PKK’s money network in Europe

Germany: PKK collectors typically bring in $18 million in cash a year – amount has trebled since 2010

Revolutionary tax: Investigators say about $2 million a year raised from ‘tax collection’ around Marseille

Extortion: Gunman convicted in 2023 of demanding $10,000 from Kurdish businessman in Stockholm

Drug trade: PKK income claimed by Turkish anti-drugs force in 2024 to be as high as $500 million a year

Denmark: PKK one of two terrorist groups along with Iranian separatists ASMLA to raise “two-digit million amounts”

Contributions: Hundreds of euros expected from typical Kurdish families and thousands from business owners

TV channel: Kurdish Roj TV accounts frozen and went bankrupt after Denmark fined it more than $1 million over PKK links in 2013 

Volvo ES90 Specs

Engine: Electric single motor (96kW), twin motor (106kW) and twin motor performance (106kW)

Power: 333hp, 449hp, 680hp

Torque: 480Nm, 670Nm, 870Nm

On sale: Later in 2025 or early 2026, depending on region

Price: Exact regional pricing TBA

Who is Allegra Stratton?

 

  • Previously worked at The Guardian, BBC’s Newsnight programme and ITV News
  • Took up a public relations role for Chancellor Rishi Sunak in April 2020
  • In October 2020 she was hired to lead No 10’s planned daily televised press briefings
  • The idea was later scrapped and she was appointed spokeswoman for Cop26
  • Ms Stratton, 41, is married to James Forsyth, the political editor of The Spectator
  • She has strong connections to the Conservative establishment
  • Mr Sunak served as best man at her 2011 wedding to Mr Forsyth
The Buckingham Murders

Starring: Kareena Kapoor Khan, Ash Tandon, Prabhleen Sandhu

Director: Hansal Mehta

Rating: 4 / 5