GN Saibaba Maoist Link | Maharashtra Appeals to Supreme Court Following HC’s Acquittal

Former Delhi University professor GN Saibaba and five others have been acquitted today in an alleged Maoist links case, overturning a 2017 conviction order. The order of acquittal was passed by the Nagpur Bench of Bombay High Court in morning.

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GN Saibaba Maoist Link | Maharashtra Appeals to Supreme Court Following HC's Acquittal

NEW DELHI: The Maharashtra government has escalated its legal battle to the Supreme Court following the Bombay High Court‘s acquittal of GN Saibaba, a former Delhi University professor, in a controversial Maoist link case. This move underscores the state’s unwavering stance against alleged Maoist activities and its implications on national security.

Bombay High Court dismissed State of Maharashtra’s application to stay the judgment acquitting Prof GN Saibaba and 5 others. The State filed the application seeking 6-week stay, saying that it has approached the SupremeCourt against the verdict and that implementing the judgment in the meantime will create serious repurcussions.

The legal saga took a new turn as the Supreme Court bench, initially setting aside an earlier acquittal from October 2022, mandated a fresh hearing at the Bombay High Court. This directive came after the apex court scrutinized the circumstances surrounding Saibaba’s release, leading to a comprehensive reevaluation by the High Court.

GN Saibaba, a 54-year-old academic known for his severe physical disabilities, has been a contentious figure, embroiled in allegations linking him to Maoist factions. His health condition, being wheelchair-bound and 99 percent disabled, adds a layer of complexity to his incarceration at Nagpur Central Jail.

The origins of this legal battle trace back to March 2017 when a sessions court in Gadchiroli found Saibaba and others guilty of affiliating with Maoist groups and engaging in activities deemed as waging war against India. This conviction prompted Saibaba to challenge the verdict at the Bombay High Court, leading to a series of legal proceedings that culminated in his initial acquittal in October 2022 by a bench led by Justice Rohit B Deo.

However, the Maharashtra government’s immediate challenge to this decision underscored the case’s high stakes, prompting an extraordinary response from the Supreme Court. Justices MR Shah and Bela M Trivedi convened a special session to suspend the High Court’s ruling, highlighting the case’s urgency and significance.

GN Saibaba Maoist Link | Maharashtra Appeals to Supreme Court Following HC's Acquittal

The Supreme Court’s intervention brought to light the legal nuances, particularly focusing on whether the failure to grant sanction for prosecution could invalidate a conviction, as debated under Section 465 of the Code of Criminal Procedure. This legal scrutiny led to a pivotal moment on April 19, 2023, when a Supreme Court bench comprising Justices MR Shah and CT Ravikumar overturned the High Court’s acquittal and remanded the case for a new evaluation.

Following this directive, the case was reassigned to Justices Joshi and Menezes at the Bombay High Court, who, after a thorough review, once again acquitted Saibaba, setting the stage for the current appeal before the Supreme Court.

This ongoing legal tussle not only highlights the complexities inherent in India’s judicial system but also reflects the broader issues of human rights, national security, and the intricate balance between the two. As the Supreme Court prepares to delve into this contentious case once more, all eyes are on the potential implications for India’s legal landscape and its approach to combating extremism.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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