Saibaba to stay in jail as SC overturns Bombay HC's acquittal order

New Delhi: The Supreme Court on Saturday suspended the Bombay High Court order acquitting former Delhi University (DU) professor G N Saibaba and others in a Maoist-links case. The top court rejected Saibaba's request to order his release from jail due to his disability and health conditions and put him under house arrest after the Maharashtra government opposed the prayer, saying nowadays, there is a new tendency of "urban naxals" to seek house arrest. The high court acquitted Saibaba and others in the case on Friday.

An apex court bench of justices M R Shah and Bela M Trivedi, which sat on a non-working day to hear the matter, rejected Saibaba's request for putting him under house arrest in view of his physical disability and health conditions. "We are of the opinion that it is a fit case for exercise of power under section 390, CrPC (Code of Criminal Procedure) and suspend the impugned order of the high court," the bench said. It stayed the release of all the accused in the case, including Saibaba, from jail, as directed by the Nagpur bench of the Bombay High Court. It sought responses from Saibaba and the other accused by December 8 on a plea moved by the Maharashtra government against the high court order.

The top court said a detailed scrutiny is required with regard to the impugned judgment since the high court did not consider the merits of the case, including the gravity of the offence alleged against the convicts. "The accused were convicted after detailed appreciation of evidence. Offences are very serious, which are against the interest of the society, sovereignty and integrity of India.

The high court has not gone into all these aspects and passed the order based on sanction under UAPA," the bench said, while suspending the October 14 verdict of the high court.

Appearing for Saibaba, senior advocate R Basant said his client is paraplegic with 90-95 per cent disability and wheelchair-bound with almost zero per cent mobility. "He has a 23-year-old daughter and a wife. His bones are touching his lungs, which is further complicating the things. Looking at these aspects, please do not drag him back into jail. Please release him from jail and put him under house arrest and he will abide by any conditions which the court would impose," Basant said.

Opposing the prayer for house arrest, Solicitor-General Tushar Mehta said, "Nowadays, there is a tendency of urban naxals that seek house arrest, but everything can be done from home. This house arrest cannot be an option."