Home Listing rules Academic GN Saibaba will remain in jail, Supreme Court rules

Academic GN Saibaba will remain in jail, Supreme Court rules

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New Delhi:

GN Saibaba, the former Delhi University professor who is serving a life sentence for his Maoist links, will remain in jail, the Supreme Court ruled today, suspending the Bombay High Court’s order on his acquittal. The High Court also requested responses from GN Saibaba and the other defendants on a plea filed by the Maharashtra government against the High Court’s order and scheduled the case for hearing on December 8.

“The defendants were convicted after a detailed assessment of the evidence. The offenses are very serious, which are against the interest of society, sovereignty and integrity of India. The High Court n ‘did not consider all these aspects and made the order based on the sanction under the UAPA,’ the bench said, while suspending the October 14 High Court verdict.

The High Court of Judges MR Shah and Bela M Trivedi, who sat on a non-working day to hear the case, also rejected GN Saibaba’s request to place him under house arrest due to his physical disability and condition. health. “My client is 90% physically disabled, suffers from multiple ailments. He has a 23 year old daughter and a wife. His bones touch his lungs which further complicates matters. Looking at these aspects, please, don’t drag it back in jai,” lead attorney Basant, representing Mr Saibaba, told the court.

Opposing the plea, Solicitor General Tushar Mehta said, “Nowadays, there is a tendency of urban naxals to seek house arrest, but anything can be done at home. This house arrest cannot be an option.”

Later, denying the request for house arrest, the bench said the academic had been convicted of a felony. “We are not referring to this case but in general. The brain is the most dangerous thing. For terrorists or Maoists, the brain is everything,” Judge Shah said.

The Maharashtra government had gone to the highest court after the Bombay High Court acquitted Mr Saibaba and ordered his immediate release from jail, noting that the sanction order issued to prosecute the accused in the case under the strict anti-terrorism law UAPA (The Unlawful Activities (Prevention) Amendment Act) was “bad in law and invalid”.

The higher court agreed to hear the case on urgent inscription on Saturday, usually a higher court holiday, after Solicitor General Tushar Mehta’s forceful argument that the acquittal was not justifiable under the UAPA .

Mr. Saibaba, 52, in a wheelchair, is currently incarcerated in Nagpur Central Jail. He was arrested in February 2014.

In March 2017, a magistrate’s court in Gadchiroli district, Maharashtra, convicted Mr. Saibaba and others, including a journalist and a student from Jawaharlal Nehru University (JNU), for alleged links with the Maoists and for engaging in activities “amounting to waging war against the country”.