India: Bombay High Court acquits Delhi University ex-professor Saibaba, 5 others in Maoist links case

The Bombay High Court, on Tuesday (Mar 5) acquitted former Delhi University professor GN Saibaba and five others accused in the Maoist link case. Meanwhile, the Maharashtra state government moved the Supreme Court to challenge Bombay High Court’s verdict.

What did the Bombay High Court say?

The bench of the Bombay High Court comprising justices Vinay Joshi and Valmiki SA Menezes rejected the 2017 verdict by a sessions court in Maharashtra’s city of Nagpur which convicted Saibaba and others.

The Bombay High Court acquitted GN Saibaba, Hem Mishra, Mahesh Tirkey, Vijay Tirkey, Narayan Sanglikar, Prashant Rahi and Pandu Narote (who died in 2022 due to swine flu).

Also Read |Bengaluru prison radicalisation case: NIA launches 17 raids in 7 Indian states

The six people had been arrested and convicted under various sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC) for alleged Maoist links and were accused of aiding and abetting Maoist activities in March 2017.

However, the bench said it was acquitting all the accused in the case since the prosecution had failed to prove the case beyond reasonable doubt against them. The Bombay High Court said that the accused could be released from prison after paying a fine of Rs 50,000 (approx. $603).

“The prosecution has failed to prove beyond reasonable doubt the case against the accused persons,” the high court said. It held as “null and void” the sanction procured by the prosecution to charge the accused under the anti-terror law, UAPA.

The Bombay High Court also acquitted Saibaba, 54, and set aside the life sentence imposed on him noting that the prosecution failed to prove the case against the former Delhi University professor.

The 54-year-old is wheelchair-bound due to physical disability and has been lodged in the Nagpur Central Jail since his arrest in relation to the case in 2014.

Maharashtra govt to move the Supreme Court

While the prosecution did not seek the high court to stay its order, the Maharashtra government, on Tuesday approached the Supreme Court to challenge the Bombay High Court verdict of acquitting all those accused in the case, reported news agency PTI.

Also Read |Abhijit Gangopadhyay resigns as Calcutta high court judge, to join BJP

The case stems from accusations against Saibaba and five others for alleged Maoist links and supposedly indulging in activities amounting to waging war against the country.

The recent verdict comes after another bench of the high court acquitted Saibaba, in 2022, saying that the trial proceedings were “null and void” in the absence of a valid sanction under the UAPA.

At the time, the Maharashtra government, on the same day, had moved the Supreme Court to challenge the decision. The apex court had initially set aside the high court order and ordered it to hear the appeal filed by Saibaba again.

(With inputs from agencies)