HC acquits exDU professor Saibaba, says prosecution failed to prove charges

The Bombay High Court on Tuesday acquitted Delhi University professor GN Saibaba, who was sentenced to life imprisonment in an alleged Maoist links case, noting that the prosecution failed to prove the charges against him.

The court set aside the life sentence awarded to 54yearold Saibaba, and held the sanction for prosecution under the stringent Unlawful Activities (Prevention) Act (UAPA) “null and void”.

The division bench of Justices Vinay Joshi and Valmiki SA Menezes also acquitted five others accused in the case.

The bench also refused to stay the operation of its order, noting that if the order is stayed, it may affect the personal liberty of the accused persons who have been acquitted.

ORAL JUDGEMENT

After the judgment was pronounced orally, the Maharashtra government requested the court to stay the operation of its judgment for six weeks to enable it to file an appeal in the Supreme Court.

The bench directed the government to file an application, which it did later in the day seeking a stay.

Advocate General Birendra Saraf, appearing for the government, informed the bench that an appeal against the high court judgment has been filed in the apex court this afternoon.

Saraf sought the high court to stay its judgment for a reasonable time.

The bench, however, refused to grant a stay, noting that it has, in an exhaustive judgment, held that the prosecution had failed to prove its case against the accused and acquitted them.

NULL AND VOID

“We have already acquitted the accused and directed their release forthwith if not required in any other case. We cannot stall the said order, which may affect the right to personal liberty. We reject the application of stay,” the court said.

In its judgment, 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).