The Aryavarth Express
Agency(New Delhi): On Monday, the Supreme Court decisively turned down a petition by the Maharashtra government that sought to suspend a Bombay High Court verdict which exonerated former Delhi University professor G N Saibaba, alongside others, in connection with allegations of Maoist affiliations. The judicial bench, comprising Justices B R Gavai and Sandeep Mehta, proceeded to register the state’s appeal against the acquittal but pointed out that the High Court’s decision appeared to be thoroughly justified at first glance.
The court also declined an informal plea for an expedited review of the appeal made by Additional Solicitor General S V Raju, representing the Maharashtra government, asserting that the matter would be addressed in due course. The justices emphasized the absence of exigency in reversing the acquittal, suggesting that urgency would have been given consideration if the situation were reversed.
Justice Mehta remarked on the significance of the acquittal, suggesting under normal circumstances, the appeal by the state would have been dismissed outright. This comes after the Nagpur bench of the Bombay High Court, on March 5, overturned the convictions of Saibaba, who is 54 years old, and his co-accused, citing a failure by the prosecution to conclusively prove their guilt. Furthermore, the High Court invalidated the life sentences handed down to Saibaba and five others, questioning the legitimacy of the sanctions used by the prosecution to level charges under the Unlawful Activities (Prevention) Act (UAPA).
The High Court’s critique extended to the evidentiary process, noting the prosecution’s inability to demonstrate lawful seizure of evidence or to present any material directly implicating the accused. Saibaba, who relies on a wheelchair for mobility, had been confined to Nagpur Central Jail following his arrest in 2014 until the recent verdict.
In 2017, a sessions court in Gadchiroli district of Maharashtra had found Saibaba and others, including a journalist and a Jawaharlal Nehru University student, guilty of affiliating with the banned Communist Party of India (Maoist) and engaging in activities construed as acts of war against India, pursuant to various statutes within the UAPA and the Indian Penal Code.
