Mumbai: The Nagpur bench of the Bombay High Court acquitted former professor of Delhi University G.N. Saibaba and other co-accused persons, who were arrested for suspected Maoist links. While allowing their appeals against conviction, the court also refused to stay its decision to acquit them. The court held that the sanction under UAPA was null and void and the entire prosecution was vitiated on account of invalid sanction to prosecute accused persons.
Soon after the court acquitted Saibaba and others, the Maharashtra government moved an application seeking stay on the judgment for six weeks. However, the division bench of Justices Vinay G Joshi and Valmiki SA Menezes, which had reserved its judgment in September last year, said that even though charges are serious, it was not inclined to “make any adventures” to stay the verdict after looking at the powers vested with it.
“We have already acquitted the accused and directed their release forthwith if not required in another crime. We cannot stall said order, which may have an effect on the right of personal liberty. We reject the application of stay,”" the court held.
It was the second time when a HC bench acquitted the accused. A different high court bench had acquitted Saibaba in October 2022. However, the state challenged the acquittal in the Supreme Court, which set aside the high court order and directed it to rehear the appeal.
A sessions court in Gadchiroli had convicted the accused persons in March 2017 for their alleged links with Maoist organisations and for indulging in activities amounting to waging a war against the country. The trial court had sentenced Saibaha, Mahesh Tirki, Hem Mishra, Pandu Narote and Prashant Rahi to life imprisonment and Vijay Tirki to 10 years in jail. Narote passed away in jail in 2022 after he was infected with swine flu. The trial court had held that the accused worked to instigate people of Gadchiroli to resort to violence.
The sessions court had held that Saibaba and two other accused were in possession of naxal literature with the intent and purpose of circulation amongst underground naxlites at Gadchiroli and residents of the district with the aim to incite the people to resort to violence.
Meanwhile, the Maharashtra government has moved the Supreme Court challenging the Bombay High Court verdict.
