Several human rights groups have written to Chief Justice of India DY Chandrachud asking him to review the case of academic and activist GN Saibaba, who has been in jail for over eight years. After his arrest in 2014 for alleged connections to the outlawed Communist Party of India (Maoist), Saibaba was convicted in 2017 by a sessions court in Maharashtra and sentenced to life imprisonment. Recently on October 14, the Bombay High Court acquitted Saibaba and five others accused in the case and ordered their release. However, the very next day, the Supreme Court suspended his acquittal, and also rejected his request to place him under house arrest in view of his disability and health issues.
In the letter to the CJI, 19 organisations including Scholars at Risk, International Solidarity for Academic Freedom in India, Freedom Now and others spread across India, the United States, the United Kingdom and other countries expressed grave concern for Saibaba’s well-being. They pointed out that in 2021, the UN Working Group on Arbitrary Detention found that Professor Saibaba’s detention “resulted from the peaceful exercise of his right to freedom of opinion and expression, as well as the right to take part in the conduct of public affairs.”
The rights groups also said that the draconian Unlawful Activities (Prevention) Act (UAPA) under which Saibaba was convicted has often “been used to punish or suppress nonviolent acts of expression, association, and other human rights by scholars, human rights activists, and other dissidents.”
They also called attention to Saibaba’s serious health problems, worsened by his long incarceration. “Professor Saibaba suffers from 19 separate conditions, including post-polio syndrome, which inhibits the use of his legs, as well as life-threatening pancreatitis and impacted gallbladder stones, both of which require immediate surgery,” the letter reminded. It also pointed out that he has been denied adequate medical care in prison, including when he contracted COVID-19 twice. It also reminded that Pandu Narote, who was convicted alongside Saibaba, died in prison after contracting swine flu and allegedly being denied medical attention.
“We are deeply concerned about Professor Saibaba’s health should he remain in prison and not receive appropriate care,” the letter said. Asking the CJI to re-examine the case, the letter said: “We respectfully urge you to review Professor Saibaba’s case, reconsider the decision to suspend the Bombay High Court’s release order, and reinstate the high court’s order.”