Gokarakonda Naga Saibaba, commonly known as GN Saibaba, is a former Delhi University professor who was convicted for his alleged links to Maoist groups in India. Saibaba, who has been a vocal critic of government policies in areas affected by Maoist insurgency, was arrested in 2014 and subsequently sentenced to life imprisonment by a session court in Maharashtra in 2017 for his purported involvement in Maoist activities.
The activist, who has been 90% disabled since childhood, was arrested for being a threat to national security, only to have his arrest proven as ’10 years of wrongful incarceration.’
GN Saibaba has been vocal in his criticism of Operation Green Hunt, an anti-Maoist operation by the Indian government aimed at tackling Maoist insurgents with the involvement of paramilitary and state forces. This operation started in the Red Corridor, where Maoist activities are said to be higher.
In response to his imprisonment, Professor Saibaba stated that advocating for indigenous groups does not imply involvement in terror activities or being a threat to the country. Many activists have backed him and expressed concerns about the impact of the operation on tribal communities living in the affected regions, alleging human rights violations and displacement of indigenous people due to the conflict between security forces and Maoist rebels.
Inside the Jail
Saibaba’s arrest gained significant attention due to concerns over his health and the alleged negligence of medical care during his incarceration. He suffers from multiple health issues, including severe disabilities. In recent interviews with different media outlets, Professor Saibaba recalls many difficulties faced by him in jail as a wheelchair-bound person, such as struggling with daily activities like bathing and using the toilet. Human rights organizations and activists have raised questions about the evidence presented against him and the conditions of his trial, such as the delay in justice despite the lack of proper evidence against him.
In 2017, a press release from Amnesty International alleged that Saibaba is being denied “potentially life-saving medical treatment,” putting his health at ‘grave risk’. Among the other five accused, Pandu Pora Narote died at the age of 33 during the pendency of the appeal.
After Narote’s death on August 25, 2022, questions regarding the health facilities in Maharashtra prisons made headlines. After these incidents, Saibaba’s case remained controversial, with advocates calling for his release on humanitarian grounds and highlighting broader issues related to human rights and the treatment of political prisoners in India.
A 10-year-long battle
In 2014, Professor Saibaba was arrested due to his alleged ties with Maoists. The Bombay High Court granted him bail in June 2015 due to health reasons, and he was released. However, he was incarcerated again in December 2015 but was granted bail by the Supreme Court in April 2016.
In March 2017, he received a life sentence for his association with the banned Revolutionary Democratic Front (RDF) and the banned Communist Party of India (Maoist), under various sections of the UAPA and the Indian Penal Code. Saibaba opposed the accusations and claimed that the evidence was fabricated and that there was no seizure of any incriminating material from his house in Delhi. The electronic evidence found during the house search of Saibaba included compact disks, DVDs, pen drives, hard disks, cellphones, books, magazines, and other articles.
In 2020, many international organizations demanded the immediate release of Saibaba, considering his health condition.
Months later, the Bombay High Court rejected his medical bail petition. He was also denied permission to visit his ill mother, and when she died, he was not allowed to participate in funeral rites.
In 2022, the Bombay High Court bench acquitted Saibaba and five others, but the Indian Supreme Court overturned the acquittal, sparking a backlash from Saibaba’s supporters and other activists.
On March 7, 2024, the Nagpur bench of the Bombay High Court acquitted G.N. Saibaba and four others, namely Prashant Rahi, Mahesh Tikro, Hem Keshwdatta, and Vijay Nan Tikri, claimed that the evidence given by the prosecution was null.
Insufficient Evidence
The Mumbai High Court’s Nagpur bench pronounced the judgment on March 5, 2024, stating that the evidence provided by the prosecution is ‘null and void in the absence of a valid sanction under Section 45(1) of the UAPA’.
In the 293-page judgment, the High Court cited that “the prosecution failed to establish the legality of the arrest and seizure of accused Nos. 1 to 5 and also could not substantiate the seizure of incriminating material from the house search of G.N. Saibaba.”.
Furthermore, the Nagpur Bench added that the prosecution could not prove the electronic evidence as per the provisions of the Indian Evidence Act and the Information Technology Act. The court emphasized that under the UAPA, possessing books advocating for a certain (Maoist) philosophy and sympathizing with a particular ideology is not considered an offense.
Is it a longer journey?
The Maharashtra government has challenged the High Court’s decision to acquit Saibaba in the Supreme Court. This is the second time the Maharashtra government has moved to the Supreme Court against Professor Saibaba. Previously, the Supreme Court set aside the Bombay High Court’s acquittal judgment in April 2023.
GN Saibaba expressed his reliance on the court and his lawyer for his legal battle. He further added that the judicial system has many flaws and that our judiciary should serve the citizens rather than punish them. The Supreme Court will announce the judgment on March 11, 2024.
Towards Freedom
In a recent interview with BBC Hindi, Saibaba said that, after much anticipated time, he has inhaled the air of freedom. With deteriorating health and major medical conditions, Saibaba aims to get his treatment in the first place.
He expressed that, although he stands before us today, every part of his body is deteriorating. During his time in jail, he encountered numerous medical emergencies, yet he was only provided with painkillers and underwent minimal testing.
After a decade of imprisonment, what Professor Saibaba misses the most is his teaching job and his relationship with the students. Furthermore, following his suspension in 2014, only half of his salary had been allocated to his family until he was terminated on March 31, 2021. After his release from jail, he demands to get his teaching job back. Saibaba, along with his supporters and many activists, is looking forward to justice being served.
UPDATE:
Supreme Court has denied the stay on the acquittal of Prof. Saibaba and 5 others. The verdict was given by the Nagpur Bench of Bombay High Court. The Maharashtra Government has filed a petition in the Supreme Court against the High Court’s decision.
On 11th March 2024, The Apex Court announced its judgment pointing out that the decision by the High Court is “well-reasoned”. The Supreme Court bench included Justice BR Gavai and Justice Sandeep Mehta.
