New Delhi: The Supreme Court on Monday said that prima facie the judgment of the Bombay High Court is very well reasoned while refusing to stay the acquittal of Prof GN Saibaba and others in the UAPA case in connection with alleged links with Maoists. Additional solicitor general SV Raju, representing the Maharashtra government, pointed out that the state challenging the reversal of a conviction order passed by the trial court against Saibaba and others. However, the bench responded that it has gone through the High Court judgment and it’s a well-reasoned judgment. “The law is that there is always a presumption of innocence. And once there is an order of acquittal, that presumption gets fortified”, said the bench, also comprising justice Sandeep Mehta.
The Maharashtra government sought a stay on the acquittal of Saibaba and others. The bench noted that the state government had moved an application demanding the acquittal order be stayed even though the ASG did not press the plea. “It is unheard that acquittal is stayed. Let’s not leave any loose ends. We don’t want this application to be revived again. We are rejecting your application,” said the apex court.
The apex court also issued notice to Saibaba and others on the state government’s appeal. The bench said that it ought to “honour” a previous order of the Supreme Court when it entertained the state’s appeal and issued certain directions. The apex court said that this matter must wait until after the older criminal appeals had been taken up and made it clear that there was no pressing need to hear it.
“There cannot be any urgency in reversing an order of acquittal”, said the bench, adding that in the ordinary course, it would not have entertained this appeal. “But we are admitting it since on an earlier occasion, we had interfered, and we have to honour that,” said the apex court.
The bench noted that since on an earlier occasion, “this court had interfered...we have to honour the earlier order. Otherwise, we wouldn't normally entertain...”. Justice Gavai said there is no urgency in reversing the order of acquittal. “It's a hard-earned acquittal. How many years has the man spent in jail?”, said the bench. The apex court has granted leave in the matter, saying no urgency in hearing the appeal.
The apex court was hearing a plea by the Maharashtra government against the Bombay High Court order, which acquitted former Delhi University Professor GN Saibaba, 54, in a case in which he was accused of having links with the banned CPI (Maoist). On March 5, the Nagpur bench of the Bombay High Court acquitted Saibaba. The High Court had observed that the prosecution failed to prove the case against him and it also set aside the life sentence imposed on Saibaba.
A division bench of Justices Vinay Joshi and Valmiki SA Menezes also acquitted five others accused in the case. The High Court also held as "null and void" the sanction procured by the prosecution to charge the accused under provisions of the stringent Unlawful Activities (Prevention) Act (UAPA).
On October 14, 2022, another bench of the High Court acquitted Saibaba, noting the trial proceedings were "null and void" in the absence of a valid sanction under the UAPA. The Maharashtra government had on the same day approached the Supreme Court challenging the decision. The apex court initially stayed the order and later in April 2023, set aside the High Court order and directed it to hear the appeal filed by Saibaba afresh.
Saibaba, who is wheelchair-bound due to physical disability, has been lodged in the Nagpur Central Jail since his arrest in the case in 2014. In 2017, a sessions court in Maharashtra's Gadchiroli district convicted Saibaba and five others, including a journalist and a Jawaharlal Nehru University (JNU) student, for alleged Maoist links and for indulging in activities amounting to waging war against the country. The trial court had held them guilty under various provisions of the UAPA and the Indian Penal Code.
Read more: 'I Feel Like I'm Still In Jail': Acquitted Former Professor G N Saibaba
