He has been held in Nagpur's central prison since a session court sentenced him on March 7, 2017
He Superior Bombay Court He acquitted on Tuesday the former professor at the University of Delhi Gn Saibaba and five other people accused of having links with Maoists, he reported Bar and Bench .
Saibaba was first arrested in the case in May 2014, but he was granted on bail twice. He has been held in the central prison of Nagpur since a session court sentenced him on March 7, 2017.
A Court of Judges Vinay Joshi and Valmiki Sa Menezes annulled the sentence of a session court that had sentenced the defendants in 2017. In addition to Saibaba, the Superior Court acquitted Mahesh Tarki, Pandu Pora Narote, Hem Keshwdatta Mishra, Prashant Rahi, Vijay Nan Tarki. Narote died in prison on August 26, 2022 because of the swine flu.
Hours later, the court He dismissed The application of the Maharashtra government that requested a six -week suspension of Saibaba's acquittal and the other five, Live Law reported. The State Government's request states that it has been addressed to the Supreme Court against the verdict and that the application of the judgment will create serious repercussions.
On October 14, 2022, the Superior Court acquitted Saibaba , arguing that a Gadchiroli session court accused Saibaba by virtue of the provisions of the law (prevention) of illegal activities without the sanction of the center. However, the order was suspended by the Supreme Court a day later due to a request presented by the Maharashtra government .
On April 19, 2023, a Chamber of the Superior Court composed of Judges MR Shah and CT Ravikumar annulled the Absolution and returned the matter to the Superior Court for a new consideration.
Saibaba, who is in a wheelchair and has a disability of 90%, was convicted by a court of first instance in 2017 for allegedly having links with the proscribed Communist Party of India (Maoist) and a frontal organization, the Revolutionary Democratic Front . He had been sentenced to life imprisonment.
In its 2022 ruling, the Superior Court said that the order of sanction issued to process the accused in the case in accordance with the provisions of the Law (of Prevention) of illegal activities was “bad from the legal and invalid point of view ”
The court had said that although the State must fight terrorism with "unwavering resolution", a democratic civil society cannot sacrifice due legal process for the perception of a danger to national security.
Last year, the special rapporteur of the United Nations, Mary Lawlor, had said that Saibaba's persistent detention by India was a "Inhuman and meaningless act" that should end.
Lawlor, who has been in contact with the Indian government in relation to the case, said that UN human rights experts have repeatedly raised serious concerns about their processing. His arrest was declared arbitrary by the UN working group on arbitrary detention in an opinion issued in 2021, he said.
"Mr. Saibaba has been arrested in a high security barracks in incompatible conditions with his status as a wheelchair user," said the UN expert. "Its 8 × 10 feet cell has no windows and a wall made of iron bars, which exposes it to extreme climatic conditions, especially the scorching heat of the summer."