On Tuesday, the Nagpur bench of the Bombay High Court set aside the conviction of former Delhi University Professor GN Saibaba and five others in a case allegedly involving links to Maoists under the Unlawful Activities Prevention Act (UAPA).

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

In 2014, GN Saibaba and his co-accused were arrested on charges of having connections with Maoist organizations and for allegedly waging war against India. The prosecution argued during the trial at the Sessions Court in Gadchiroli, Maharashtra, that the accused were collaborating with the banned CPI (Maoist) group through front organizations like the RDF.

They presented evidence, including confiscated pamphlets and electronic materials considered anti-national, supposedly seized under the direction of GN Saibaba in Gadchiroli. Additionally, it was claimed that Saibaba handed over a 16GB memory card intended for Naxalites residing in the Abuzmad forest area.

Following the trial, they were convicted in March 2017 under sections 13, 18, 20, 38, and 39 of the UAPA (Unlawful Activities Prevention Act) and section 120-B of the IPC (Indian Penal Code). Unfortunately, one of the accused, Pandu Pora Narote, passed away in August 2022. The remaining accused are Mahesh Tirki, Hem Keshwdatta Mishra, Prashant Rahi, and Vijay Nan Tirki.

In 2022, a different bench of the Bombay High Court overturned the conviction on procedural grounds. Justices Rohit Deo and Anil Pansare ruled that the trial was void due to the lack of a valid sanction under Section 45(1) of the UAPA. The court emphasized the significance of procedural compliance in cases related to terrorism and stressed that deviations from due process could create an environment favorable to terrorism.

The Supreme Court reversed this decision in response to a plea filed by the Maharashtra government challenging the acquittal. The apex court directed the Bombay High Court to re-examine the case thoroughly.