High Court acquits Saibaba, 5 others in Maoist links case

 

 

 

 

 

 

The Nagpur bench of the Bombay High Court on Tuesday acquitted former Delhi University Professor G N Saibaba and five co-accused persons in a case involving Maoist links. The order is a result of a re-examination of the case, mandated by the directives of the Supreme Court. Presiding over the proceedings, Justice Vinay Joshi and Justice Valmiki SA Menezes declared that the prosecution had failed to substantiate the allegations against the accused. As a result, the life sentence imposed on 54-year-old Saibaba by the Gadchiroli District Court was set aside. This legal saga traces back to October 2022 when a Division bench comprising Justice Rohit Deo and Justice Anil Pansare had initially acquitted Saibaba and four others. Soon after, the State, dissatisfied with the ruling, appealed to the Supreme Court, which led to the Apex court’s decision to remand the case back to the High Court for a meticulous re-examination. “The prosecution has failed to prove beyond reasonable doubt the case against the accused persons,” remarked the High Court in its judgment. Additionally, the court declared the sanction as “null and void” which was procured by the prosecution to charge the accused under the stringent Unlawful Activities (Prevention) Act (UAPA). The bench further said, “The prosecution has failed to establish any legal seizure or any incriminating material against the accused.”

 

Citing the violation of mandatory provisions of law, the High Court deemed the trial court judgment as “not sustainable in the hands of law.” The bench unequivocally stated, “We therefore allow the appeals and set aside the impugned judgment. All the accused stand acquitted.” Furthermore, the court highlighted that the sanction procured to prosecute the accused under the UAPA was not legal and proper and rendered it “null and void.” “The entire prosecution is vitiated on account of invalid sanction to prosecute all the accused. The trial held despite the violation of mandatory provisions of law itself amounts to the failure of justice,” stated the High Court. Following the acquittal, the prosecution orally requested the court to stay its order for six weeks to allow filing an appeal in the Supreme Court. However, the bench directed the prosecution to file an application seeking a stay. Later in the evening, the Court rejected the State’s appeal to stay the order which signaled the imminent release of Saibaba from the Central Jail likely on Wednesday.

 

The legal journey of this case saw twists and turns, with a life sentence handed down by the Gadchiroli Sessions Court in 2017, followed by the High Court’s acquittal in 2022 on a technicality. On October 14, 2022, the High Court bench of Justice Rohit Deo and Justice Anil Pansare had acquitted Saibaba and his four accomplices on a technicality, citing non-compliance with the mandatory provision of seeking approval from a competent authority before filing a case under the UAPA. However, the State Government filed an appeal in the Supreme Court challenging this decision. On April 19, 2023, the Supreme Court set aside the decision and remanded the case back to the High Court for fresh disposal in accordance with the law. Furthermore, to ensure fairness, it was ordered that the case be completed before a new bench. The Supreme Court’s directive prompted the Nagpur High Court to re-examine the case and initiated proceedings on June 23, last year. Both the defence and prosecution had requested an extension for the final hearing. However, due to the High Court’s mandate to conclude the case within four months, the defence initiated arguments on July 24, 2023.

 

The case against Saibaba and five others had its roots in Gadchiroli district, where Assistant Police Inspector Atul Awad received confidential information regarding the alleged involvement of Mahesh Tirki and Pandu Narote in banned organizations such as CPI (Maoist) and RDF. Consequently, the police began surveillance on both persons. On August 22, 2013, the police detained Mahesh Tirki, Pandu Narote, and Hem Mishra at Aheri Bus Stand based on suspicious activities. Further investigations revealed Saibaba's alleged involvement in transmitting anti-national conspiracy information through Mishra to the Naxalite group. Rahi and Vijay Tirki were also involved in this conspiracy. Subsequently, all six were arrested and charged.

 

The Nagpur bench's meticulous examination of the case, coupled with the declaration of the prosecution's failure to meet the burden of proof, has brought relief to Saibaba and his co-accused. While Sr Adv Subodh Dharmadhikari represented arguments on behalf of Saibaba, Adv Pradip Mandyan, Adv Nihal Singh Rathod, Adv Harshal Lingayat and Adv Pradeep Pias appeared for the remaining accused. Sr Adv Aabad Konda, Adv Prashant Sathianathan and Adv Rushikesh Chitale have represented the state. Sr Advs Trideep Pais, Subodh Dharmadhikari, Advs Pradeep Mandhyan, Barunkumar, H P Lingayat, Nihal Singh Rathod represented the petitioners while Sr Adv Aabad Ponda, Advs H S Chitale and Jugal Kanani, appeared for State with Adv P K Sathinathan as Special Counsel for State.