SC refuses to Stay Ex-DU Professor GN Saibaba's Acquittal

SC refuses to Stay Ex-DU Professor GN Saibaba's Acquittal

On Monday, the Supreme Court declined to halt the acquittal of former Delhi University professor GN Saibaba and five others, who had been convicted under the UAPA (Unlawful Activities Prevention Act) on charges related to alleged Maoist connections. This acquittal, deemed as a result of their hard-fought legal battle, has allowed them to reclaim their freedom despite previously serving life sentences.

Furthermore, the court dismissed an oral plea by the Maharashtra government for expedited consideration of its appeal against the acquittal decision handed down by the Nagpur bench of the Bombay High Court.

"There cannot be urgency in order of reversal of conviction. Had it been the other way around, we would have considered," a bench of Justices BR Gavai and Justice Sandeep Mehta said.

The Supreme Court highlighted that all six individuals had been acquitted twice by separate benches of the High Court. In 2022, one of these High Court benches had determined that a valid sanction had not been obtained to prosecute Professor Saibaba under the anti-terror law UAPA.

Last week, the Nagpur bench concluded that there was insufficient evidence to connect Professor Saibaba and the other accused individuals to any terrorist activities. Furthermore, the bench raised doubts regarding the legitimacy of the "seizures" claimed by the state police.

"Prosecution has failed to prove, beyond reasonable doubt, the case against the accused persons," a division bench of Justices Vinay Joshi and Valmiki SA Menezes had said.

The court declared the sanction obtained by the prosecution to charge the accused under the UAPA (Unlawful Activities Prevention Act) as "null and void". Furthermore, it remarked that the prosecution had failed to substantiate any legal seizure or incriminating material against the accused individuals.

The Supreme Court overturned Professor Saibaba's sentence, marking a significant development nearly a decade after his arrest and imprisonment in Nagpur Central Jail in 2014. Justice Mehta described the professor's acquittal as "hard-earned". Previously, Professor Saibaba had been convicted by a sessions court in Gadchiroli district for alleged Maoist affiliations and engaging in activities deemed as waging war against the country.

Following his release, Professor Saibaba expressed his desire to be reinstated and compensated for the years of service he lost. He had been dismissed from Delhi's Ram Lal Anand College in 2021.

"I am still not able to register that I am free. I feel I am still lodged in the notorious jail cell. It was like an 'agni pariksha' for me. I had to go through a test by fire twice," he said.

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