UAPA arbitrary, can't be part of democratic system: Committee for Defence and Release of Prof G N Saibaba

The UAPA, under which G N Saibaba was prosecuted, is "arbitrary and cannot be a part of a democratic system", the committee for the ex-DU professor's defence and release said while welcoming his acquittal in the Maoist link case. More than eight years after his arrest, the Nagpur Bench of the Bombay High Court on Friday acquitted the wheelchair-bound Saibaba in the case noting the sanction order issued to prosecute him under the stringent provisions of the Unlawful Activities (Prevention) Act was "bad in law and invalid".

The division bench of Justice Rohit Deo and Justice Anil Pansare also allowed the appeal filed by Saibaba, currently lodged in Nagpur central prison, challenging a 2017 order of the trial court convicting and sentencing him to life imprisonment.

Welcoming the judgment, G Haragopal, the convener of the Committee for Defence and Release of Prof G N Saibaba, told PTI, "We are very happy that justice prevailed. The suffering he underwent raises a fundamental question: Why do people suffer without committing any offence?"


The committee was not only fighting for Saibaba's release but was also trying to create public opinion over the UAPA, he said.

"UAPA is an arbitrary law and has no place in a democracy. Although UAPA intends to curb acts of terrorism, the way the law is misused is extensive. UAPA is a part of jurisprudence and we have been raising public opinion about it," he said.

In March 2017, a sessions court in eastern Maharashtra's Gadchiroli district convicted Saibaba and others including a journalist and a Jawaharlal Nehru University student for alleged Maoist links and for indulging in activities amounting to "waging war against the country".

Noting that Saibaba is 90 per cent disabled, Haragopal said that the wheelchair-bound former Delhi University professor had to face a lot of struggle in prison.

"The sessions court, while convicting him, had said, 'Although you are 90 per cent disabled, you have a sound mind.' Can you punish somebody for a gifted mind? Having a political conviction is not a crime," he added.

Haragopal also demanded Delhi University reinstates Saibaba to his former post. The college terminated the services of Saibaba, in March of last year.

Delhi University professor Nandita Narain also expressed happiness at Saibaba's acquittal but rued that he had to face a lot of hardships since his arrest eight years ago.

"He lost his job. His health was affected. He didn't even get parole during the pandemic when hardened criminals were granted that relief. He was not even allowed by the court to meet his ailing mother who died later. Who will make up for that lost time?" she posed.