Bombay HC Acquits G.N. Saibaba and Five Others in UAPA Case

After a long and difficult legal battle, the Nagpur bench of the Bombay High Court has finally given relief to former Delhi University professor G.N. Saibaba and five others. They were charged under the strict Unlawful Activities Prevention Act (UAPA) for allegedly having links with Maoist groups. The court’s division bench, comprising Justice Vinay G. Joshi and Justice Valimiki S. Menezes, acquitted Saibaba, journalist Prashant Rahi, Mahesh Tikri, Hem Keshwdatta Mishra, Vijay Nan Tikri, and overturned their previous convictions and life sentences.

A Protracted Legal Battle

The case began in 2014 when Saibaba, a 90% disabled and wheelchair-bound activist, was arrested along with the others on allegations of being urban Naxal operatives. In 2017, the Gadchiroli sessions court had convicted them, sentencing Saibaba and four others to life in prison, while Tikri received 10 years of rigorous imprisonment.

However, in October 2022, the same Nagpur bench overturned their convictions, citing the lack of a valid sanction order to prosecute them under the UAPA. The court had ordered their immediate release, but the state government quickly approached the Supreme Court to stay the order.

A Tribute to Pandu Narote

Sadly, one of the co-accused, Pandu Narote, passed away in August 2022 while awaiting the verdict, allegedly due to delays in receiving medical treatment during his imprisonment. Advocate Nihalsing Rathod, who represented the accused, called today’s judgment “bold and brave,” saying it was a tribute to the late Narote, whom he described as “an innocent man who died in jail awaiting this verdict.”

Emotional Reactions and Lingering Concerns

The acquittal has brought immense relief to the families of the accused, who have endured years of uncertainty and anguish. Shikha, the daughter of Prashant Rahi, expressed her overwhelming emotion, saying, “I am speechless right now. I just want to see him walk out of the jail now.”

However, concerns remain over the state’s response, as the authorities at the Nagpur central jail had previously refused to release the accused immediately after the 2022 order, leading to the state government’s appeal in the Supreme Court. The detailed order from the Bombay High Court is awaited, and the legal battle may not be over yet, as the state could potentially challenge the acquittal in higher courts.

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Scrutinizing the UAPA and Due Process

The case has also reignited discussions over the controversial UAPA and its potential misuse against dissidents and activists. The Bombay High Court’s 2022 observation, emphasizing that “due process of law cannot be sacrificed at the altar of perceived peril to national security,” has resonated with civil liberties advocates who have long criticized the draconian provisions of the UAPA.

As the legal saga surrounding Saibaba and his co-accused continues to unfold, the verdict serves as a reminder of the delicate balance between national security concerns and the fundamental rights of citizens, underscoring the need for judicial scrutiny and adherence to due process in the application of strict laws like the UAPA.