Former Delhi University professor GN Saibaba and five others have been acquitted today in an alleged Maoist links case, overturning a 2017 conviction order.
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MAHARASHTRA: The Nagpur bench of the Bombay High Court Today (March 5th) acquitted former Delhi University professor GN Saibaba and five others, overturning their 2017 conviction in an alleged Maoist links case. This ruling marks a significant turn in a legal battle that has captured national attention, involving issues of human rights, legal sanctions, and the application of anti-terror laws.
The Acquittal and Legal Proceedings
The court’s decision came after an intense legal scrutiny following an appeal by Saibaba and his co-accused against the 2017 sessions court’s verdict. The case saw a series of legal challenges, including an earlier acquittal in 2022 by the High Court, which was subsequently set aside by the Supreme Court, demanding a fresh examination of the case.
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The bench, comprising Justices Vinay Joshi and Valmiki SA Menezes, critically evaluated the evidence presented against the accused. They concluded that the prosecution had significantly failed to establish a concrete case. The justices pointed out a crucial flaw in the proceedings, stating,
“for want of legal and proper sanction, the sanction under the Unlawful Activities Prevention Act (UAPA) has been held ‘Null and void’.”
The court further criticized the trial conducted by the Gachiroli Sessions court, highlighting that the trial’s continuation despite the violation of mandatory legal provisions constituted a “failure of justice.” The bench emphasized,
“The entire prosecution case was vitiated on account of invalid sanction to prosecute all the accused.”
Addressing the lack of substantial evidence, the bench remarked,
“there was hardly any evidence, and the prosecution could not establish any legal seizure or any incriminating material against the accused.”
Consequently, the judgment delivered by the trial court was deemed unsustainable, leading to the acquittal of all accused.
“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,”
-the bench declared.
Background of the Case
The case against Saibaba and others originated from a 2017 conviction by a sessions court in Gadchiroli, which found them guilty of having alleged Maoist links and engaging in activities deemed as waging war against the country. The court had argued that Saibaba, along with two other accused, were found in possession of Naxal literature intended for distribution among underground Naxalites and local residents of Gadchiroli, aiming to incite violence.
However, this conviction faced criticism and legal challenges, particularly regarding the absence of proper legal sanction for prosecution under the UAPA. Saibaba, a 54-year-old wheelchair-bound professor with a 99 percent disability, has been a central figure in this legal saga, raising questions about human rights and the application of anti-terrorism laws.
Conclusion
The Bombay High Court’s decision to acquit GN Saibaba and the five others brings a new perspective to the discourse on legal rights, sanctions, and the justice system’s handling of cases under the UAPA. This case underscores the importance of adhering to legal procedures and the impact of judicial scrutiny on the outcomes of highly charged political cases. As the acquitted individuals walk free, the ruling invites a broader discussion on the balance between national security and individual rights in India’s legal landscape.
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