Bombay HC acquits Prof Saibaba, 4 others of charges related to Maoist links, waging war against nation

NAGPUR: Over five years after Professor Gokarakonda Naga Saibaba and four others were sentenced to life imprisonment by Gadchiroli sessions court in Maharashtra under the Unlawful Activities (Prevention) Act (UAPA) for aiding and abetting Maoist activities and waging war against the nation, the Nagpur bench of the Bombay high court acquitted them on Friday.
“In view of the findings recorded by us, we hold that the proceedings in Sessions Trials 30/2014 and 130/2015 are null and void in the absence of valid sanction under Section 45(1) of the UAPA, and the common judgment is liable to be set aside. Accused 1-Mahesh Kariman Tirki, accused 3-Hem Keshavdatta Mishra, accused 4-Prashant Rahi Narayan Sanglikar and accused 6- Saibaba be released from custody forthwith, unless it is required in any other case,” a division bench of justices Rohit Deo and Anil Pansare said.
While one of the accused, Pandu Pora Narote, expired during the trials, the HC discharged bail bonds of another, Vijay Nan Tirki who is on bail. All accused were told to execute a bond of Rs 50,000 each with surety of like amount to the satisfaction of the trial court, in compliance with the provisions of Section 437-A of the Code of 1973.
All of them were convicted on March 7, 2017, by the Gadchiroli court’s then principal district and sessions judge Suryakant Shinde under Sections 13, 18, 20, 38 and 39 of the UAPA and Section 120-B of Indian Penal Code. It was a landmark judgment of that time, as all accused were convicted purely on the basis of electronic evidence for the first time in Maharashtra, which was extensively reported by TOI.
“The prosecution did submit that if the appeal is decided, not on merits, but only on the point of sanction, we may grant liberty to the prosecution to obtain proper sanction and try the accused. In view of the well-entrenched position of law, that the rule against double jeopardy has no application if the trial is held vitiated due to invalidity or absence of sanction, we see no reason to dilate any further on the said submission,” the HC bench said while acquitting all the accused.