Booklet points at discrepancies in GN Saibaba case conviction

The committee for the defence and release of Delhi University teacher GN Saibaba on Thursday released a booklet titled ‘When prosecution’s case becomes the judge’s onus’, a critique of the sessions court judgment that convicted Saibaba and five others.

Saibaba, an English teacher with 90% disability, and five others were convicted on March 7 by a Gadchiroli sessions court in Maharashtra for his alleged links with Maoists.

The critique booklet cites evidences to establish that the judgment was built on flimsy grounds, concocted evidences and tutored witnesses.

Saibaba was first arrested in 2014. After his 14 months stay in the Nagpur Central jail, Supreme Court granted him a bail on June 2016 as his health condition deteriorated.

Saibaba and four others have been granted life imprisonment under the Unlawful Activities Prevention Act. Another accused, Vijay Tirki, was awarded with ten years prison term.

“Saibaba’s case is similar to that of Binayak Sen. It is clear from the judgement that Saibaba has been prosecuted because of his ideas and having an association with an outlawed organisation. This is clearly miscarriage of justice,” said G Haragopal, chairperson of the committee. Saibaba was member of the Revolutionary Democratic Front.

The judgment was criticised on the ground that though all six has been convicted, none of them has been remotely linked to any terrorist and disruptive activities. It states that despite failure of prosecution to show conclusive evidence, the judge passed it as “minor discrepancies”.

“What is most worrisome is when the judge himself admits that it is only the law of the land that stops the system from exterminating those who stand in the way of development,” said Hany Babu, English teacher at Delhi University and a member of the committee.

Saibaba’s wife, AS Vasantha, questioned the government on their notion of development and said her husband was being denied basic rights. “Saibaba was fighting for people’s right and everything was within the ambit of Constitution. They are now denying him medical treatment. It is taking away my husband’s right to life,” said Vasantha.

The family has moved the High Court against the order and Ram Jethmalani has agreed to fight for him.

Meanwhile, a member of European Parliament has sent a letter to the European Commission head asking them to adopt steps to prevent Saibaba’s imprisonment, and call for all legal guarantees to be respected under the highest human rights standards for him and others.