The Supreme Court on Monday – March 11 – refused to stay the Bombay High Court order, acquitting Delhi University Professor GN Saibaba and five others, who were accused of their alleged links with banned Maoist outfit – CPI (Maoist). – and indulging in activities amounting to waging war against the country.
Refusing to put on hold the High Court order
acquitting Prof Saibaba and five others, a bench of Justice BR Gavai and Justice Sandeep Mehta observed that the High Court’s decision appeared to be “very well-reasoned”, and there cannot be any urgent order to reverse such an acquittal order.
“There are two orders of acquittal by two different benches. Prima facie, we find that the judgment is very well-reasoned. Since on an earlier occasion, this court had interfered, we will have to honour that. Otherwise, this is a very well-reasoned judgment by the High Court,” the bench said, refusing to stay the acquittal order.
The top court further said: “It’s a hard-earned acquittal. How many years has the man spent in jail? The law is that there is a presumption of innocence. Once there is an order of acquittal, that presumption gets fortified.”
The Nagpur bench of Bombay High Court on March 5, 2024, jad passed the acquittal order. The High Court bench comprising Justice Vinay Joshi and Justice Valmiki SA Menezes acquitted Prof. Saibaba and others, setting aside the sessions court’s order convicting him and others charged under the provisions of the Unlawful Activities (Prevention) Act, 1967.
The sessions court had convicted Saibaba and others in 2017. Besides being accused of their alleged links with the banned Maoist outfit, Prof. Saibaba and others were accused of allegedly indulging in activities amounting to waging war against the country.
This was the second time that the Bombay High Court acquitted Prof. Saibaba. – wheelchair-bound and 99 percent disabled.
Earlier on October 14, 2022, the High Court had acquitted Prof. Saibaba and five others while setting aside the trial court judgment convicting them under the provisions of the Unlawful Activities (Prevention) Act, 1967. Prof. Saibaba and others, now released, were serving life imprisonment.
However, on October 15, 2022 (Saturday), the Supreme Court in a special sitting stayed the acquittal order by the High Court.
Later, the Supreme Court on April 19, 2023, set-aside the October 14, 2022, acquittal order and remanded the case back to the High Court for fresh hearing.
The Bombay High Court reheard Prof Saibaba’s challenge to the trial court order convicting him and others. On March 5, 2024, the High Court acquitted Prof Saibaba once again.