Acquits GN Saibaba and 5 Others in Alleged Maoist Links
March 5, 2024
In a significant development, the Nagpur bench of the Bombay High Court has acquitted former Delhi University Professor GN Saibaba and five others in an alleged Maoist-links case under the Unlawful Activities Prevention Act (UAPA). The division bench comprising Justice Vinay Joshi and Justice Valmiki SA Menezes delivered the judgment, overturning the convictions.
GN Saibaba, who is wheelchair-bound, and his co-accused had been in custody since their arrest in 2014 on charges of having links with Maoist organizations and waging war against India.
During the trial at the Sessions Court in Gadchiroli, Maharashtra, the prosecution contended that the accused were working for the banned CPI (Maoist) group through front organizations such as RDF. The case relied on evidence, including seized pamphlets and electronic materials deemed anti-national, allegedly seized at the behest of GN Saibaba in Gadchiroli. It was further alleged that Saibaba handed over a 16GB memory card intended for Naxalites in the Abuzmad forest area.
In March 2017, the trial court convicted them under sections 13, 18, 20, 38, and 39 of the UAPA and Section 120-B of the IPC. One of the accused, Pandu Pora Narote, passed away in August 2022, while Mahesh Tirki, Hem Keshwdatta Mishra, Prashant Rahi, and Vijay Nan Tirki are the surviving accused.
This acquittal follows a series of legal proceedings, including a 2018 Delhi High Court judgment that declared a proviso unconstitutional and a subsequent Bombay High Court decision in 2022, which set aside the conviction based on procedural grounds. However, in a special Saturday sitting, the Supreme Court stayed the High Court order the next day after an urgent mentioning by the Maharashtra Government. Later, the Supreme Court overturned this decision in a plea filed by the Maharashtra government, directing the Bombay High Court to reevaluate the case afresh.
The Supreme Court clarified that it had not made any determination on the merits of the case and emphasized the need for a thorough review by the high court. The case will be assigned to a different bench to maintain propriety and avoid any apprehensions.
Source: bombay High Court
Case no. – APEAL/137/2017
Case Title – Mahesh Kariman Tirki and Ors. v. State of Maharashtra
