Nagpur bench of Bombay High Court on Tuesday, March 5th, acquitted former Delhi University Professor G N Saibaba and five others in an alleged Moist link case under the Unlawful Activities Prevention Act or UAPA.
The Case against Saibaba and Other Accused
In 2014, 44-year-old G N Saibaba (who is wheelchair bound and is 99 percent disabled) and the other five accused were under custody on the charges of having links with Maoist organizations and conducting war against India. Saibaba is presently lodged in Nagpur Central Jail.
Trial held by Gadchiroli’s Session Court
During a trial at Sessions Court in Gadchiroli district of Maharashtra, the prosecution contended that the accused were working for banned CPI (Maoist) through RDF (Revolutionary Democratic Front). The pamphlets and electronic material allegedly seized at the behest of Saibaba, were evidence used by the prosecution to justify their argument.
Further, it alleged that Saibaba handed over a 16 GB memory card intended for Naxalite sheltering in the forest area of Abuzmad.
After several trials, the session court ruled that Saibaba and the other accused possessed naxal literature intending to circulate it among underground Naxalites at Gadchiroli and residents of the district which aimed to incite the people to violence. This led to their conviction in March 2017 under sections 13, 18, 20, 38, and 39 of UAPA and 120-B of the Indian Penal Code (IPC).
Along with G N Saibaba, other accused include Pandu Pora Narote (who died in Aug 2022), Mahesh Tirki, Hem Keshwdatta Mishra, Vijay Nan Tirki, and Prashant Rahi.
Saibaba moved to Bombay High Court against Session Court
In 2022, a bench of Justice Rohit Deo and Anil Pansare of the Bombay High Court set aside the conviction on procedural grounds and held a trial void due to the absence of valid sanction under section 45(1) of UAPA. Further, the court emphasized the importance of procedure compliance in cases involving terrorism and emphasized that departures from due process could encourage an environment conducive to terrorism.
Supreme Court’s Instructions to Bombay High Court
In Saturday’s setting, the Supreme Court stayed the High Court’s order the very next day after an urgent mention by the Maharashtra government. Later, in April 2023, the Supreme Court overturned this decision, challenging acquittal, and directed revaluation of the case afresh to the Bombay High Court.
Aquit Order of GN Saibaba and Others
A bench of Justice Vinay Joshi and Justice Valmiki SA Menezes of Bombay High Court pronounced the judgment that acquitted Saibaba and other accused. The bench observed that the prosecution had failed to prove the case against the accused. It held that for want of legal and proper sanction, sanctions under UAPA are “Null and void”.
Further, the bench observed that a session court trial is a failure of justice as the trial was held despite a violation of mandatory provisions of law. Counted that there was no hard evidence and the prosecution failed to prove any legal seizure or incriminating material against accused persons.
“The trial court judgment is not sustainable in the hands of law. We therefore allow the appeals and set aside the impugned judgment. All accused stand acquitted,” said the bench. The bench closed the case on Thursday.
Arundhati Roy’s letter to GN Saibaba (17 June 2020)
In a letter to friend G N Saibaba Arundhati Roy writes, “Have courage dear friend. And patience. This injustice will not go on forever. Those prison doors will open and you will come back to us. Things cannot go on like this.”
“How immensely cruel it is to keep a man who is certified with a 90% disability in prison, convicted of having committed some ludicrous crime. Shame for not being able to do anything to speed up your appeal through the labyrinth of our judicial system which makes the process the punishment. I’m sure the Supreme Court will eventually acquit you. But by the time that happens, what a price you –and yours – will have paid,” she added.
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