Friday, February 25, 2011

Manufacturing Sedition from Political Dissent: The Judgment against Binayak Sen http://radicalnotes.com/journal/2011/02/01/manufacturing-sedition-from-political-dissent-the-judgment-against-binayak-sen/

This judgment is one more symptom of the ideological degeneration of the Indian judicial system. The judgment in the Babri Masjid case resorted to rule of faith in place of rule of law. In this case, the judge says that Piyush Guha has to prove that he was arrested from Mahindra Hotel on 1 May, not on 6 May and the letters were planted on him new through the prima facie evidence was in favour of Guha. The judge shifted the burden of proof to the accused, which violated the basics of the criminal justice system. The judgment indicates that the Indian judiciary is moving backward.

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