The Bombay High Court's Nagpur bench on Tuesday, 5 March acquitted former Delhi University professor GN Saibaba and five other accused in an alleged Maoist links case.
A division bench of Justices Vinay G Joshi and Valmiki SA Menezes stated that the prosecution has failed to prove the case against the accused beyond reasonable doubt. It also held that the sanction of the stringent Unlawful Activities (Prevention) Act (UAPA) against the accused as "null and void" – and that the entire prosecution was "vitiated" on account of the invalid sanction.
"It (the prosecution) failed to establish the seizure of incriminating material from the house of accused No 6 Saibaba. It also failed to prove electronic evidence in terms of provisions of the Indian Evidence Act and Information Technology Act,” the order stated.
The court on 5 March was hearing an appeal filed by Saibaba, Mahesh Tirki, Hem Mishra, Pandu Narote, and Prashant Rahi (all sentenced for life), and Vijay Tirki (sentenced to 10 years). Narote died after contracting swine flu on 25 August 2022 in Nagpur GMCH hospital.
This is the second time in 15 months that Saibaba has been acquitted in the UAPA case. In October 2022, another HC bench had acquitted him, however the order was stayed and subsequently overturned by the Supreme Court.
Soon after the verdict on 5 March, the Maharashtra government moved the High Court seeking a stay on the implementation of the acquittal order. However, the court refused a stay. Meanwhile, the state government has also approached the Supreme Court.
In this article, The Quint explains the case against Saibaba and others.
Bombay HC Acquits GN Saibaba for Second Time in 15 Months: What is the Case?
1. Who is GN Saibaba?
Saibaba, who is 90 percent physically disabled and uses a wheelchair, was an assistant professor of English at Delhi University's Ram Lal Anand College since 2003, until he was sacked by institution in 2021.
He was first arrested in 2013 and then in May 2014 from his Delhi residence for alleged links with Maoists. The police had reportedly found ‘incriminating evidence’, including documents, hard disks and pen drives.
In 2017, the 54-year-old was sentenced to life by a Sessions Court in Maharashtra's Gadchiroli for his alleged connections with Maoists and for indulging in activities amounting to "waging war against the country".
Since then, Saibaba has been lodged in Nagpur Central Jail, where he has faced multiple health issues, according to his family.
In a letter written to the Maharashtra government by his wife AS Vasantha Kumari, and brother, Dr G Ramadevudu, in 2022, they said that Saibaba was facing several health issues in jail – and that he frequently lost unconscious but wasn't provided proper medical attention.
His ailments purportedly include heart issues, hypertension, paraplegia, kyphoscoliosis of the spine, anterior horn cell disease, acute pancreatitis as well as a cyst in the brain.
The letter also alleged that the authorities refused to provide him with a plastic water bottle. "His hands are not working due to shoulder muscle damage; hence he cannot lift the thermos (steel)."
Saibaba also tested positive for COVID in January 2022.
Expand2. Long Journey to Acquittal
Session Court's Life Sentence in 2017
During its trial convicting Saibaba and others, the Sessions Court held that Saibaba and two other accused were in possession of Naxal literature with the purpose of circulation amongst underground Naxalites and residents of the district with the aim to incite the people to resort to violence, reported Bar and Bench.
The court said that it has been “established by prosecution that all six accused belong to banned organisations, CPI (Maoist) and Revolutionary Democratic Front (RDF), which is a Maoist front”, as quoted by The Indian Express.
Subsequently, the court framed Saibaba and other accused under various sections of the UAPA, despite the submission that the absence of sanction to prosecute Saibaba was "fatal" to the case of the prosecution.
Of note: Section 45(1) of the UAPA states, "No court shall take cognisance of any offence without the previous sanction of the Central government, or any officer authorised by the Central government, or the state government."
Acquittal by Bombay High Court in 2022
Saibaba moved the Bombay High Court against the Sessions Court order – and a bench led by Justice Rohit B Deo acquitted him on 14 October 2022.
The court stated that the appeal was allowed based on the fact that the Sessions Court framed charges against Saibaba in the absence of sanction from the Central government as per Section 45(1) of the UAPA, reported Bar and Bench.
The bench held that the entire trial against the former academician as "null and void,” and discharged him along with four co-accused. The court also ordered their immediate release.
Supreme Court Stays Bombay HC's Order Next Day
The Maharashtra government filed an appeal challenging the Bombay High Court's order before the Supreme Court on the same day.
A bench of Justices MR Shah and Bela Trivedi convened on 15 October (a Saturday) to hear Special Leave Petition filed by the state, and suspended the Bombay High Court judgment discharging Saibaba, putting a stay on his release.
SC Sets Aside HC's Order, Asks Fresh Bench to Hear His Plea
A Supreme Court bench of Justices MR Shah and CT Ravikumar on 19 April 2023 set aside a previous Bombay High Court judgment that had discharged Saibaba and sent the case back to the High Court for fresh consideration – and suggested that the case be heard by another bench of the High Court.
"It will be open for the state to argue that sanction need not be considered once accused is convicted in such a case...We request the High Court to dispose of the appeals expeditiously, preferably within four months. It is also observed that propriety demands that on appeal, the matter be placed before another bench than that which passed impugned order," the apex court ordered, according to Bar and Bench.
HC Acquits Them Again
A Bombay High Court bench of Justices Vinay G Joshi and Valmiki SA Menezes acquitted them again while hearing their appeal to re-hear the case on 5 March.
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Expand
Who is GN Saibaba?
Saibaba, who is 90 percent physically disabled and uses a wheelchair, was an assistant professor of English at Delhi University's Ram Lal Anand College since 2003, until he was sacked by institution in 2021.
He was first arrested in 2013 and then in May 2014 from his Delhi residence for alleged links with Maoists. The police had reportedly found ‘incriminating evidence’, including documents, hard disks and pen drives.
In 2017, the 54-year-old was sentenced to life by a Sessions Court in Maharashtra's Gadchiroli for his alleged connections with Maoists and for indulging in activities amounting to "waging war against the country".
Since then, Saibaba has been lodged in Nagpur Central Jail, where he has faced multiple health issues, according to his family.
In a letter written to the Maharashtra government by his wife AS Vasantha Kumari, and brother, Dr G Ramadevudu, in 2022, they said that Saibaba was facing several health issues in jail – and that he frequently lost unconscious but wasn't provided proper medical attention.
His ailments purportedly include heart issues, hypertension, paraplegia, kyphoscoliosis of the spine, anterior horn cell disease, acute pancreatitis as well as a cyst in the brain.
The letter also alleged that the authorities refused to provide him with a plastic water bottle. "His hands are not working due to shoulder muscle damage; hence he cannot lift the thermos (steel)."
Saibaba also tested positive for COVID in January 2022.
Expand
Long Journey to Acquittal
Session Court's Life Sentence in 2017
During its trial convicting Saibaba and others, the Sessions Court held that Saibaba and two other accused were in possession of Naxal literature with the purpose of circulation amongst underground Naxalites and residents of the district with the aim to incite the people to resort to violence, reported Bar and Bench.
The court said that it has been “established by prosecution that all six accused belong to banned organisations, CPI (Maoist) and Revolutionary Democratic Front (RDF), which is a Maoist front”, as quoted by The Indian Express.
Subsequently, the court framed Saibaba and other accused under various sections of the UAPA, despite the submission that the absence of sanction to prosecute Saibaba was "fatal" to the case of the prosecution.
Of note: Section 45(1) of the UAPA states, "No court shall take cognisance of any offence without the previous sanction of the Central government, or any officer authorised by the Central government, or the state government."
Acquittal by Bombay High Court in 2022
Saibaba moved the Bombay High Court against the Sessions Court order – and a bench led by Justice Rohit B Deo acquitted him on 14 October 2022.
The court stated that the appeal was allowed based on the fact that the Sessions Court framed charges against Saibaba in the absence of sanction from the Central government as per Section 45(1) of the UAPA, reported Bar and Bench.
The bench held that the entire trial against the former academician as "null and void,” and discharged him along with four co-accused. The court also ordered their immediate release.
Supreme Court Stays Bombay HC's Order Next Day
The Maharashtra government filed an appeal challenging the Bombay High Court's order before the Supreme Court on the same day.
A bench of Justices MR Shah and Bela Trivedi convened on 15 October (a Saturday) to hear Special Leave Petition filed by the state, and suspended the Bombay High Court judgment discharging Saibaba, putting a stay on his release.
SC Sets Aside HC's Order, Asks Fresh Bench to Hear His Plea
A Supreme Court bench of Justices MR Shah and CT Ravikumar on 19 April 2023 set aside a previous Bombay High Court judgment that had discharged Saibaba and sent the case back to the High Court for fresh consideration – and suggested that the case be heard by another bench of the High Court.
"It will be open for the state to argue that sanction need not be considered once accused is convicted in such a case...We request the High Court to dispose of the appeals expeditiously, preferably within four months. It is also observed that propriety demands that on appeal, the matter be placed before another bench than that which passed impugned order," the apex court ordered, according to Bar and Bench.
HC Acquits Them Again
A Bombay High Court bench of Justices Vinay G Joshi and Valmiki SA Menezes acquitted them again while hearing their appeal to re-hear the case on 5 March.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)
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