Bombay High Court Acquits GN Saibaba & 5 Others In Alleged Maoist Links Case

The Nagpur bench of the Bombay High Court on Tuesday set aside the conviction of former Delhi University Professor GN Saibaba and five others in an alleged Maoist-links case under the Unlawful Activities Prevention Act (UAPA).

A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes pronounced the judgment.

Wheelchair-bound GN Saibaba and his co-accused have been under 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 prosecution relied on evidence including seized pamphlets and electronic material deemed as 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 sheltering in the Abuzmad forest area.

The subsequent trial led to their conviction in March 2017 under sections 13, 18, 20, 38 and 39 of the UAPA and 120-B of IPC. One of the accused, Pandu Pora Narote, died in August 2022. Mahesh Tirki, Hem Keshwdatta Mishra, Prashant Rahi and Vijay Nan Tirki are the other accused.

In 2022, another bench of the Bombay HC had set aside the conviction based on procedural grounds, with the bench of Justices Rohit Deo and Anil Pansare holding the trial void due to the absence of a valid sanction under section 45(1) of the UAPA. The court had underscored the importance of procedural compliance in cases involving terrorism and emphasized that departures from due process could foster an environment conducive to terrorism.

However, in a special Saturday sitting, which attracted controversy, the Supreme Court stayed the High Court order the very 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 challenging the acquittal and directed the Bombay High Court to reevaluate the case afresh.

The Supreme Court directed that the Bombay High Court must consider all aspects of the case, including the question of sanction. The bench stressed that the high court should proceed without prejudice and solely on the merits of the case, without being influenced by its earlier order.

It would be open for the State to contend that once an accused is convicted after the conclusion of a trial, the validity of the sanction or the lack thereof would become insignificant, the court added. Further, the Supreme Court instructed that the case be assigned to a different bench to maintain propriety and avoid any apprehensions.

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.

For detailed reading- GN Saibaba Case | No Evidence To Connect Accused To Terrirost Act; Trial Failure Of Justice : Bombay High Court

Case no. – APEAL/137/2017

Case Title – Mahesh Kariman Tirki and Ors. v. State of Maharashtra

Click here to read the judgment