GN Saibaba: Former Delhi University professor G N Saibaba who is serving a life term for Maoist links, will remain in jail, the Supreme Court said today, suspending the Bombay High Court order on his acquittal. The top court also stayed the release of others arrested in the case.
GN Saibaba, the former Delhi University professor who is serving a life term for Maoist links, will remain in jail, the Supreme Court said today, suspending the Bombay High Court order on his acquittal. The to[ court also stayed the release of others arrested in the case.
The top court also sought responses from GN Saibaba and the other accused on a plea moved by the Maharashtra government against the high court order and listed the matter for hearing on December 8.
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Short cut
The court mentioned that it had found a fault with the High Court for not entering the merits of the case and for finding a shortcut to decide.
“The accused were convicted after detailed appreciation of evidence. Offences are very serious, which are against the interest of the society, sovereignty and integrity of India. The high court has not gone into all these aspects and passed the order based on sanction under UAPA,” the bench said, while suspending the October 14 high court verdict.
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The top court bench of Justices M R Shah and Bela M Trivedi, which sat on a non-working day to hear the matter, also rejected GN Saibaba’s request for putting him under house arrest in view of his physical disability and health conditions.
Humanitarian ground
“My client is 90 per cent physically disabled, has multiple ailments. He has a 23-year-old daughter and a wife. His bones are touching his lungs, which is further complicating the things. Looking at these aspects, please do not drag him back into jai,” senior advocate Basant, appearing for Mr Saibaba, told the court.
Solicitor General Tushar Mehta opposed the plea, said, “Nowadays, there is a tendency of urban naxals that seek house arrest, but everything can be done from home. This house arrest cannot be an option.”
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House arrest
The bench denied the request for house arrest later and said that the academic has been convicted for serious offence. “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,” Justice Shah said.
Mr Saibaba, 52, who is wheelchair-bound, is currently lodged in the Nagpur central prison. He was arrested in February 2014.
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