The Supreme Court overturned a decision by the Bombay High Court to acquit former Delhi University professor G N Saibaba in a Maoist links case. The case has been sent back to the high court for reconsideration within four months. The new bench that hears the case must not be the same one that discharged Saibaba and the other accused. The high court must consider the question of law, including sanction under the Unlawful Activities (Prevention) Act (UAPA), when making its decision.
The Maharashtra government appealed the high court order, and Additional Solicitor General SV Raju and advocate Abhikalp Pratap Singh appeared for the government in the Supreme Court. Senior advocate R Basant represented Saibaba. On October 15, 2020, the Supreme Court suspended the high court order acquitting Saibaba and others in the Maoist-links case.
In a special hearing on Saturday, the Supreme Court rejected Saibaba’s request to be released from jail due to his disability and health conditions. Instead, he was put under house arrest after the Maharashtra government opposed his release, stating that there is a new tendency of “urban Naxals” seeking house arrest.
Saibaba was arrested more than eight years ago in 2014. On October 14, 2020, the Bombay High Court acquitted him and ordered his release from jail. The court found that the sanction order issued to prosecute the accused was invalid. The Nagpur bench of the high court had allowed Saibaba’s appeal after he was convicted and sentenced to life imprisonment for offences under provisions of UAPA and the Indian Penal Code in 2017.
