Maharashtra Govt Moves Supreme Court Against Acquittal Of GN Saibaba & 5 Others In UAPA Case

In a major relief to the former Delhi University professor and human rights activist, the high court today set aside his and five others' convictions under the Unlawful Activities (Prevention) Act in an alleged Maoist-links case. This verdict was handed down by a bench of Justices Vinay Joshi and Valmiki SA Menezes.

Later, this bench also dismissed an application filed by the State of Maharashtra praying for the judgment to be suspended for six weeks. 

The accused, including Saibaba, had been under custody since their arrest in 2014 on charges related to alleged links with proscribed far-left organisations and waging war against India.

During the trial in a Maharashtra sessions court, the prosecution had presented evidence claiming that the accused were working for the banned CPI (Maoist) group through front organizations such as RDF. The prosecution relied on seized pamphlets and electronic material, deemed 'anti-national', allegedly found in possession of GN Saibaba in Gadchiroli. It was also alleged that Saibaba had handed over a 16GB memory card intended for Naxalites in the Abuzmad forest area.

Following this, the accused were convicted in March 2017 under sections 13, 18, 20, 38, and 39 of the UAPA, along with Section 120B of the Indian Penal Code. One of the accused, Pandu Pora Narote, passed away in August 2022, while the remaining accused include Mahesh Tirki, Hem Keshwdatta Mishra, Prashant Rahi, and Vijay Nan Tirki.

Saibaba, who is bound by a wheelchair due to post-polio paralysis, had earlier filed an application seeking suspension of sentence on medical grounds. He said that he is suffering from multiple ailments, including kidney and spinal cord problems. In 2019, the Bombay High Court rejected his application to suspend the sentence.

In 2022, the high court set aside his conviction on procedural grounds, emphasising the absence of a valid sanction under Section 45(1) of the UAPA. This was later stayed by the Supreme Court in a special Saturday sitting, after Solicitor General Tushar Mehta made a request for an urgent hearing.

Finally, in April last year, the Supreme Court overturned the acquittal, directing the Bombay High Court to re-evaluate the case afresh. The bench led by now-retired Justice MR Shah emphasised that the high court must consider all aspects, including the question of sanction, 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, Justice Shah added.

Now, the State of Maharashtra has approached the Supreme Court once again, challenging the recent acquittal of GN Saibaba and the co-accused.