Former Delhi University professor GN Saibaba, along with five others, has been acquitted by the Bombay High Court from allegations of having Maoist links. Saibaba, a 54-year-old wheelchair-bound individual who is 99 percent disabled, had been convicted in 2017 by a sessions court in Gadchiroli. They were accused of engaging in activities that amounted to waging war against the country and were found guilty under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code.
The Bombay High Court’s division bench, comprising Justices Vinay Joshi and Valmiki SA Menezes, found the case against Saibaba and the others unproven beyond reasonable doubt. They overturned the sessions court’s decision and acquitted all accused, also deeming the prosecution’s sanction to charge them under the UAPA provisions as invalid. This outcome came after the Supreme Court had directed the high court to rehear the appeal, following initial acquittal on October 14, 2022, by another high court bench, which the Maharashtra government had appealed against.
As of now, GN Saibaba remains in Nagpur Central Jail, while the prosecution has not sought to stay the high court’s acquittal order but appears likely to appeal at the Supreme Court. This case has been reflective of significant legal and human rights discussions surrounding the application of stringent acts like the UAPA and the fair trial rights of individuals with severe disabilities.