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Synopsis

The Bombay High Court has acquitted Delhi University Professor GN Saibaba in a case registered against him alleging links with Maoists.

A division bench of the high court at Nagpur comprising Justice Vinay Joshi and Justice Valmiki SA Menezes pronounced the judgement.

The prosecution claimed that the appellants had connections with the CPI Maoist and its frontal organization, the Revolutionary Democratic Front (RDF).

It was further alleged that the appellants were abetting and assisting the hardcore underground cadre of the CPI (Maoist) by providing information, and material, and facilitating the travel and relocation of members from one location to another.

The Sessions Court convicted the 6 accused in the case for having links with Maoists and waging war against the state. 

The Sessions Court had also found that Saibaba and 2 others were in possession of naxal literature which were circulated to the residents of Gadchiroli to incite violence. 

In October 2022, the Nagpur Bench of the Bombay High Court, comprising Justice Rohit Deo and Justice Anil Pansare, acquitted GN Saibaba and five others. They had been convicted by the trial court under the Unlawful Activities (Prevention) Act (UAPA) and were sentenced to life imprisonment.

The court acquitted all six convicts on the grounds that the sessions judge had framed charges against the appellants and examined the first witness in the absence of sanction.

Subsequently, an appeal was filed in the Supreme Court against Saibaba's acquittal. The top court set aside the acquittal order and directed the high court to decide the matter afresh.

The top court noted that the high court had passed the impugned orders solely on the grounds of invalid sanction and absence of sanction in the case of one accused.

The division bench of the Apex Court further clarified that all the contentions raised by the counsel for all the concerned parties will be kept open to be considered by the high court.

Justice Rohit Deo who was part of the division bench which earlier acquitted GN Saibaba in October 2022, resigned in open court in August 2023.

Case title: GN Saibaba vs State of Maharashtra