'Not Advisable For Him To Travel Considering His Condition': Bombay HC Denies Parole To GN Saibaba's To Attend Mother's Post-Funeral Rites [Read Order]

However, the division bench of Justice ZA Haq and Justice Avinash Gharote of the Nagpur bench directed the jail authorities to permit the 50-year-old Saibaba who is kept in a Anda Cell (Solitary Confinement) to speak to his family via video call between 10 am to 4 pm on any specified date he chooses.

Court was hearing a writ petition filed on behalf of Saibaba by his brother Gokarakonda Ramadevudu. The bench noted that Saibaba was convicted for the offences punishable under Sections 13, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act and Section 120-B of the Indian Penal Code and is undergoing life sentence and has been in jail since March 7, 2017.

Special PP P Sathianathan strongly opposed Saibaba's plea pointing out the merits of the matter which led to his conviction and the findings recorded by the Special Court at Gadchiroli stating that it shows the seriousness of the crime in which Saibaba was involved. He also submitted the communication sent by the Superintendent, Nagpur Central Prison wherein he stated that the Saibaba is placed in a high security cell in a separate wing in Nagpur Central Prison and looking at the background of Saibaba, it would not be safe to direct his release on emergency parole.

Senior Advocate Mihir Desai appeared on behalf of Saibaba and argued that the petitioners are willing to deposit the necessary charges for Saibaba's travel along with security personnel. However, SPP P Sathianathan contended that the police machinery is already under stress and overworked because of the pandemic situation and the luxury claimed by the petitioners for escorting Saibaba to Hyderabad cannot be considered.

The bench observed that Saibaba's mother died on August 1 and almost all necessary rituals might have been over by now. Thus, the submission made on behalf of the petitioners that because of the grief which has overtaken the family of the petitioners, at least 15 days parole would be sufficient to enable Saibaba to stay with his family members, is clearly not borne out, Court said.

Finally rejecting the plea for release on emergency parole, the bench noted it was not convinced by the argument made by petitioner's lawyers-

"In the present pandemic situation, considering the condition and age of the petitioner no. 2, any travel would clearly be unadvisable and as observed above, all medical help is available to the petitioner no. 2 in the prison. In fact, it would be in the interests of the petitioner no. 2 not to undertake any travel at all. Any solace which the petitioner no. 2 may be in need of, which according to him can be ameliorated by the company of his family members, can be addressed by arranging a meeting by video conferencing."

Last month, another bench of the High Court had rejected Saibaba's bail application noting that he had already tested negative for Covid-19, hence no ground for release was made out. Saibaba's advocates had contended that the wheelchair-bound former Professor who is 90% disabled suffers from several comorbidities and is more susceptible to Covid-19.

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