While debating the new anti-terror laws passed in Parliament last month, Home Minister P Chidambaram acknowledged the need for a “fair balance” between respecting human rights and tough laws to deal with terror. That counter-terror measures can hurt individual rights is no idle concern. The 19-month incarceration of Binayak Sen shows why.

Dr Binayak Sen, a graduate of CMC Vellore and a practising doctor, was arrested on May 14, 2007 in Bilaspur under the Chhattisgarh Special Public Safety Act as well as the Unlawful Activities (Prevention) Act and the Indian Penal Code.

He is accused of conspiring with, and being a conduit between Naxalites. Chhattisgarh Director General of Police Vishwa Ranjan admits that Sen is not a “Naxal terrorist hiding in the forests” but accuses him of giving “logistical support” to the Naxals — charges that Sen vigorously denies. His trial began on April 30 last year and 38 prosecution witnesses have so far been examined.

The sheer length of Sen’s incarceration without bail is significant. To compare: Sanjeev Nanda, prime accused in the BMW hit-and-run case, was given bail just four months after being arrested. Another eventual convict, Vikas Yadav — accused of shooting model Jessica Lall in full public view — not only got anticipatory bail, but after a brief four months in jail, was free on bail. Yet Sen, accused with evidence that is fast unravelling, has spent the last 19 months in jail.

The reasons for denying bail have also raised a storm. Sen is accused of non-bailable offences, and the special laws he has been booked under don’t affect his bail rights. Sen first applied for bail before the Raipur Sessions Court and then the Chhattisgarh High Court in July 2007, soon after his arrest.

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