News Analysis India

Tag: G N Saibaba

  • Maoist-links case: GN Saibaba to stay in jail as SC suspends Bombay HC acquittal order 

    By PTI

    NEW DELHI: The Supreme Court on Saturday suspended the Bombay High Court order acquitting former Delhi University (DU) professor G N Saibaba and others in a Maoist-links case.

    The high court acquitted Saibaba and others in the case on Friday.

    An apex court bench of justices M R Shah and Bela M Trivedi, which sat on a non-working day to hear the matter, also rejected Saibaba’s request for putting him under house arrest in view of his physical disability and health conditions.

    It stayed the release of all the accused in the case, including Saibaba, from jail, as directed by the Nagpur bench of the Bombay High Court.

    It sought responses from Saibaba and the other accused on a plea moved by the Maharashtra government against the high court order.

    More than eight years after his arrest, the Bombay High Court acquitted Saibaba on Friday and ordered his release from jail, noting that the sanction order issued to prosecute the accused in the case under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) was “bad in law and invalid”.

    The Nagpur bench of the high court allowed Saibaba’s appeal, challenging a 2017 order of the trial court that convicted him in the case and sentenced him to life imprisonment.

    Apart from Saibaba, the court acquitted Mahesh Kariman Tirki, Pandu Pora Narote (both farmers), Hem Keshavdatta Mishra (student) and Prashant Sanglikar (journalist), who were sentenced to life imprisonment, and Vijay Tirki (labourer), who was sentenced to 10 years in jail.

    Narote died during the pendency of the appeal.

    Saibaba, 52, who is wheelchair-bound due to a physical disability, is currently lodged in the Nagpur central prison.

    He was arrested in February 2014.

    NEW DELHI: The Supreme Court on Saturday suspended the Bombay High Court order acquitting former Delhi University (DU) professor G N Saibaba and others in a Maoist-links case.

    The high court acquitted Saibaba and others in the case on Friday.

    An apex court bench of justices M R Shah and Bela M Trivedi, which sat on a non-working day to hear the matter, also rejected Saibaba’s request for putting him under house arrest in view of his physical disability and health conditions.

    It stayed the release of all the accused in the case, including Saibaba, from jail, as directed by the Nagpur bench of the Bombay High Court.

    It sought responses from Saibaba and the other accused on a plea moved by the Maharashtra government against the high court order.

    More than eight years after his arrest, the Bombay High Court acquitted Saibaba on Friday and ordered his release from jail, noting that the sanction order issued to prosecute the accused in the case under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) was “bad in law and invalid”.

    The Nagpur bench of the high court allowed Saibaba’s appeal, challenging a 2017 order of the trial court that convicted him in the case and sentenced him to life imprisonment.

    Apart from Saibaba, the court acquitted Mahesh Kariman Tirki, Pandu Pora Narote (both farmers), Hem Keshavdatta Mishra (student) and Prashant Sanglikar (journalist), who were sentenced to life imprisonment, and Vijay Tirki (labourer), who was sentenced to 10 years in jail.

    Narote died during the pendency of the appeal.

    Saibaba, 52, who is wheelchair-bound due to a physical disability, is currently lodged in the Nagpur central prison.

    He was arrested in February 2014.

  • SC to hear Maharashtra govt’s appeal against acquittal of ex-DU professor G N Saibaba on Saturday

    By PTI

    NEW DELHI: The Supreme Court is scheduled to hold a special sitting on Saturday to hear Maharashtra’s plea against the Bombay High Court order acquitting former Delhi University Professor G N Saibaba in a case relating to his alleged Maoist links.

    A bench of Justice M R Shah and Justice Bela M Trivedi is likely to hear the matter at 11 am. On Friday, the top court had refused to stay the Bombay High Court order.

    Following the High Court acquitting Saibaba, the Maharashtra government swiftly moved the apex court seeking a stay on the order which was declined.

    The top court, however, allowed Maharashtra to move an application before the registry requesting an urgent listing of the matter.

    A bench of Justice D Y Chandrachud and Justice Hima Kohli had told Solicitor General Tushar Mehta, who mentioned the matter for urgent listing and sought a stay on the verdict, that the court can not stay the acquittal order as the parties are not before it.

    More than eight years after his arrest, the Bombay High Court on Friday acquitted Saibaba and ordered his release from jail, noting that the sanction order issued to prosecute the accused in the case under the stringent provisions of the UAPA was “bad in law and invalid”.

    The Nagpur bench of the high court allowed the appeal filed by Saibaba challenging a 2017 order of the trial court convicting and sentencing him to life imprisonment.

    NEW DELHI: The Supreme Court is scheduled to hold a special sitting on Saturday to hear Maharashtra’s plea against the Bombay High Court order acquitting former Delhi University Professor G N Saibaba in a case relating to his alleged Maoist links.

    A bench of Justice M R Shah and Justice Bela M Trivedi is likely to hear the matter at 11 am. On Friday, the top court had refused to stay the Bombay High Court order.

    Following the High Court acquitting Saibaba, the Maharashtra government swiftly moved the apex court seeking a stay on the order which was declined.

    The top court, however, allowed Maharashtra to move an application before the registry requesting an urgent listing of the matter.

    A bench of Justice D Y Chandrachud and Justice Hima Kohli had told Solicitor General Tushar Mehta, who mentioned the matter for urgent listing and sought a stay on the verdict, that the court can not stay the acquittal order as the parties are not before it.

    More than eight years after his arrest, the Bombay High Court on Friday acquitted Saibaba and ordered his release from jail, noting that the sanction order issued to prosecute the accused in the case under the stringent provisions of the UAPA was “bad in law and invalid”.

    The Nagpur bench of the high court allowed the appeal filed by Saibaba challenging a 2017 order of the trial court convicting and sentencing him to life imprisonment.

  • Bombay HC acquits ex-DU professor G N Saibaba in Maoist links case

    By PTI

    NAGPUR: The Nagpur bench of the Bombay High Court on Friday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case, and ordered his immediate release from jail.

    A division bench of Justice Rohit Deo and Anil Pansare allowed the appeal filed by Saibaba challenging a 2017 order of the trial court convicting him and sentencing him to life imprisonment.

    Saibaba, who is wheelchair-bound due to a physical disability, is currently lodged at the Nagpur central prison.

    The bench also allowed the appeal of five other convicts in the case and acquitted them. One of the five died pending hearing of the appeal.

    The bench directed for the convicts to be released forthwith from jail unless they are accused in any other case.

    In March 2017, a sessions court in Maharashtra’s Gadchiroli district had convicted Saibaba and others, including a journalist and a Jawaharlal Nehru University (JNU) student for alleged Maoist links and for indulging in activities amounting to waging war against the country.

    The court had held Saibaba and the others guilty under various provisions of the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).

    NAGPUR: The Nagpur bench of the Bombay High Court on Friday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case, and ordered his immediate release from jail.

    A division bench of Justice Rohit Deo and Anil Pansare allowed the appeal filed by Saibaba challenging a 2017 order of the trial court convicting him and sentencing him to life imprisonment.

    Saibaba, who is wheelchair-bound due to a physical disability, is currently lodged at the Nagpur central prison.

    The bench also allowed the appeal of five other convicts in the case and acquitted them. One of the five died pending hearing of the appeal.

    The bench directed for the convicts to be released forthwith from jail unless they are accused in any other case.

    In March 2017, a sessions court in Maharashtra’s Gadchiroli district had convicted Saibaba and others, including a journalist and a Jawaharlal Nehru University (JNU) student for alleged Maoist links and for indulging in activities amounting to waging war against the country.

    The court had held Saibaba and the others guilty under various provisions of the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).

  • GN Saibaba threatens to launch hunger strike in Nagpur jail amid privacy row

    By PTI

    NAGPUR: Former Delhi University (DU) professor G N Saibaba, serving a life sentence for Maoist links in Nagpur, has threatened to launch an indefinite fast inside his jail cell if a CCTV camera which allegedly captures footage of the toilet and bathing area is not removed, his family members said and alleged that authorities refused a water bottle to him.

    They also claimed that jail authorities purposely placed a steel thermos beside Saibaba’s cot which he cannot lift due to his medical condition, as a result of which he doesn’t have a bottle to drink water frequently in the extreme heat.

    Saibaba’s wife Vasantha Kumari and his brother G. Ramadevudu wrote to the Maharashtra home minister on May 14 requesting him to intervene in the matter and provide Saibaba “privacy and dignity”.

    When contacted, Nagpur Central Jail Superintendent Anup Kumre on Sunday said the cameras were installed to keep a watch on prisoners lodged in all the ‘Anda’ (oval-shaped) cells.

    “The installation was done only for the administration and security purposes,” he said.

    As per the letter, the wide-angle CCTV cameras were put in front of the small cell on May 10 which can capture video of the entire cell including the toilet seat, bathing place and everything in the small cell.

    “So, he cannot use the toilet for urinals or cannot even take a bath before the camera, as the camera records video of everything 24X7 hours. Now how can Dr G. N. Saibaba live in these circumstances?” the letter questioned.

    Saibaba’s kin alleged that the installation of the camera was aimed at “intimidating and insulting” him and violating his privacy.

    “His right to privacy, life and liberty is at risk because he cannot use the toilet, take bath, or change clothes in front of a camera that’s not only running 24 hours but also recording everything and watched constantly in the office of the Jail superintendent,” they claimed.

    “Why a 90% disabled person is targeted like this? Did he violate any prison rule in the past five years?” the family questioned and alleged that this was only to torture and harass him.

    This 24-hour camera surveillance is a clear violation of our fundamental right to privacy, life, and liberty.

    It is intimidation, insult, and violation of his bodily integrity.

    Prisoners convicted or otherwise are entitled to all constitutional rights except the right to mobility and a few others, it further stated.

    “Under these strain conditions, he has decided to go on a hunger strike indefinitely till death or the camera is removed, and the responsible prison administrators apologize for knowingly and brutally violating natural body rights and the rights provided by the constitution,” the letter stated.

    The letter stated that Saibaba is planning to sit on a hunger strike in the next two days in the Nagpur Central Jail.

    The letter claimed that Saibaba is also facing several health issues in the jail.

    “He is falling unconscious in his anda cell frequently. He is suffering from Hypertrophic Cardiomyopathy (heart problem), hypertension, paraplegia, syphoscoliosis of the spine, anterior horn cell disease, acute pancreatitis, gall-bladder stone, rotator cuff injury, fatty degeneration of rotator cuff muscles etc.”

    “An ACT scan report has indicated a cyst in his brain. All these medical and health issues are developed to be addressed immediately,” the letter said.

    Before fixing the cameras, Saibaba’s advocate Aakash Sarode had gone to jail mulakat to meet Saibaba on May 9 and given him a few items along with a water bottle, his family members claimed.

    “However, the prison administration refused to take the water bottle but accepted the rest of the items provided it to him.

    By evening 6 pm on the same day, the superintendent of the jail, along with a huge number of prison personnel raided his anda cell.

    They collected used and thrown old (drinking water) bottles, glasses, and other inmates’ old bottles.

    “They placed his steel thermos beside his cot and took photographs. He is the only one in the entire Anda cell who doesn’t have a bottle to drink water frequently due to extreme heat. His hands are not working due to shoulder muscle damage; hence he cannot lift the (steel) thermos. He by himself cannot go and get water since he is a physically challenged person,” the family alleged in the letter.

    They requested the jail authorities to provide privacy and dignity to Saibaba and instruct the persons concerned in the Nagpur Central Jail to remove CCTV cameras that are keeping his privacy at stake.

    They also demanded proper diagnosis and medical treatment for Saibaba’s health issues and the grant of parole to enable him to get proper medication and required medical support, which is not available in Nagpur.