Agency(Bombay): The Bombay High Court today delivered a significant judgment concerning former Delhi University Professor GN Saibaba and his co-accused, finding substantial legal missteps in their trial process. The court, led by Justice Vinay Joshi and Justice Valmiki SA Menezes, acquitted Saibaba and others from charges linked to alleged Maoist activities, highlighting a series of procedural violations under the Unlawful Activities Prevention Act (UAPA).
The bench pointed out that the trial was conducted in disregard of mandatory UAPA provisions related to arrest, search, seizure, and the prosecution sanction, rendering the entire process invalid. “The sanction accorded to prosecute Accused Nos.1 to 5 is invalid… The trial held despite violation of mandatory provisions of law itself amounts to failure of justice,” the court observed.
The prosecution’s inability to connect the accused with any terrorist act through credible evidence was a critical factor in the court’s decision. The judgment emphasized that accessing or downloading material related to Communist or Naxal philosophy does not constitute an offense absent concrete evidence linking the accused to specific acts of violence or terrorism.
Furthermore, the court raised doubts over the legitimacy of the seizure of alleged incriminating materials from Saibaba’s university residence. It cited issues such as the selection of an illiterate witness for the seizure of electronic evidence and the lack of credible evidence proving the seizure and search.
The High Court’s detailed judgment dismissed the conviction by the Trial Court, underscoring the prosecution’s failure to establish a legal basis for the arrest and seizure and to authenticate electronic evidence as per legal standards. Consequently, all six accused were acquitted of charges under sections of the UAPA and the Indian Penal Code.
The State of Maharashtra’s request for a stay on the acquittal, pending an appeal to the Supreme Court, was denied by the court, which emphasized the primacy of individual liberty in the face of serious accusations.
This case has drawn significant attention since GN Saibaba’s arrest in 2014 for alleged Maoist links. The prosecution’s case was primarily based on seized pamphlets and electronic materials deemed anti-national. However, procedural irregularities and the absence of a valid sanction under UAPA Section 45(1) led to the High Court setting aside the initial conviction in 2022, a decision temporarily stayed by the Supreme Court before directing a fresh evaluation by the High Court.
The judgment is a notable instance of the judiciary scrutinizing the adherence to legal procedures in cases involving national security and terrorism allegations, reaffirming the necessity of lawful conduct in the pursuit of justice.
