Prof GN Saibaba. (File Photo)
The Nagpur bench of the Bombay High Court on Tuesday denied temporary bail to former Delhi University professor G N Saibaba, who is serving a life sentence in the Nagpur Central Prison.
A bench comprising Justice Atul Chandurkar and Justice Amit Borkar rejected his bail plea, which had been sought on two grounds — his co-morbid health problems and the need to see his ailing mother, who is on her deathbed, in Hyderabad. “We are not inclined to grant bail,” stated the bench after hearing arguments from both sides.
Saibaba, who was convicted under the Unlawful Activities Prevention Act (UAPA) for “links with Maoists and indulging in activities amounting to waging a war against the country” by a Gadchiroli court in March 2017, has been lodged in Nagpur’s Central Prison since then, with the conviction under challenge in the High Court.
Saibaba’s lawyer Nihal Singh Rathod pointed out that the 61-year-old wheelchair-bound activist was 90 per cent disabled and had several co-morbidities like hypertension, kidney and liver problems, and faced imminent Covid-19 threat in the Nagpur prison, which has recently been found to have hundreds of corona positive cases among inmates and staff. Rathod also said Saibaba was not receiving any physiotherapy, which he regularly needs, and this has led to stiffening of his fingers. He further pointed out that his two attendants have not been attending to him in jail.
Rathod also said that the Anda cell where Saibaba has been lodged also had Nagpur underworld don Santosh Ambekar, who has recently tested positive for Covid-19.
The other ground cited by Rathod in the bail plea was the condition of Saibaba’s mother, who was “on her deathbed due to cancer” at Hyderabad. “You cannot deny the mother the right to see her son when she is on her deathbed,” Rathod argued, seeking 45-day temporary bail for his client.
Special Public Prosecutor Prashant Sathianathan countered the plea, saying Saibaba’s earlier bail plea, sought on health ground, was rejected on March 25. The challenge in HC, filed against rejection of his parole application, was dismissed on May 29, the SPP argued.
Sathianathan claimed that Saibaba was being being properly attended to in the Anda cell, where currently there are no Covid-19 cases, and that he has tested negative for the infection. He further said that two new attendants have been provided to him.
On the argument that his ailing mother wishes to see him, Sathianathan said the former professor’s brother was there to take care of his mother and she was in a containment zone, where Saibaba could also contract the disease.
The bench accepted the arguments of the SPP, saying the March 25 order rejecting an earlier bail plea was challenged by Saibaba, so the same ground in the fresh plea can’t be permitted. The bench also said that all necessary medical care was being taken in the jail. “We do not find any merit in the present application. It is accordingly rejected,” the bench said.
In the order, however, the bench had skipped any observation on Saibaba’s plea that his ailing mother has a right to see him.
Rathod had also pointed out that Saibaba’s fresh parole application, submitted on June 16, to meet his mother has still not been decided. The bench said that the authorities should take a proper decision on it.