New Delhi, Mar 21(TOI): The Chhattisgarh government is not content with a life term for Binayak Sen for sedition. It wants the rights activist to be convicted for conspiring to wage war against the state. In a criminal appeal filed in the high court, the state has challenged a Raipur sessions court's acquittal of Sen and two others under Section 121 A of the IPC, which deals with hatching conspiracy to wage war or attempt or abet waging of war against the Government of India, and is punishable with a life sentence.
On December 24, 2010 sessions court judge B P Varma convicted Sen and two others for conspiring to commit sedition under Sections 124 and 120 B but acquitted them on the charge of conspiring to wage war.
Calling the acquittal ''unjust, improper and bad in law'', the Chhattisgarh government has asked the high court to set the order aside. It has also challenged the acquittal under Sections 10 A, 20, 21, 38(2) of the Unlawful Activities Prevention Act that relate to membership or association with banned groups.
In accordance with due procedure, the state government has asked the HC to ''grant leave to appeal against the judgment''. If the high court grants permission, the government's appeal can be filed and admitted.
The additional public prosecutor filed the appeal on February 28 but Sen's family and lawyers learnt about it on March 14. ''I had gone to meet Binayak in jail when he gave me the copy. It is strange that the notice is served to a man in prison who has no way of communicating anything to anybody,'' said Ilina Sen, the activist's wife.
The appeal indicated the continuation of the Chhattisgarh government's hardened stance in the case. On March 11, the Supreme Court, hearing Sen's bail plea, issued notice to the government giving it four weeks to reply why the sessions court's order should not be stayed.
The sessions court verdict sentencing Binayak Sen to life had sparked outrage, both in India and abroad. Several civil liberties groups, activists and academics issued statements in support of Sen. ''We express astonishment and dismay at the unjust sentence,'' said an appeal by 44 Nobel laureates.
Subsequently, Sen appealed for bail and suspension of sentence in the high court. A team of observers from European Union travelled to Bilaspur to observe the court proceedings. But the bail was rejected by the high court on February 10, 2011.