[Two former political prisoners, Arun Ferreira and Vernon Gonsalves, who also were jailed under India’s notorious Unlawful Activities Prevention Act, which has incarcerated countless as accused “Naxalites”, describe the details of the notorious and abusive treatment of Professor GN Saibaba, who suffers from polio and multiple medical issues and deteriorating health due to the conditions of his imprisonment. — Frontlines ed.]
How Maharashtra robbed Dr Saibaba of his rights
Until police can be compelled to respect basic human rights, we will continue to remain far removed from the democracy we claim to be.
Arun Ferreira and Vernon Gonsalves
“I hope you are doing well, despite the fact that you are all in a larger penitentiary, as Uncle Sam would call it. I have been in a smaller enclosure here for the last ten months. My wish to join you back in the larger prison-house has been thwarted once again. I am sure you all understand the anxieties of your friend’s existence in the claustrophobic sealed concrete enclosure of an ‘anda cell’ behind seven heavy and gigantic gates.” Gokarakonda Naga Saibaba’s words (written over three months ago from the confines of the Nagpur Central Prison) carry that gritty tone characteristic of the man ‘guilty’ of supporting and participating in sundry issues and causes of the poor and dispossessed in various parts of the country over the last three decades.
Dr Saibaba, a Delhi University Professor in English, with 90 per cent permanent physical impairment of his lower limbs, was abducted on May 9, 2014 from a Delhi road by the Maharashtra police and has since been behind bars. His story is a telling commentary on the biases of a criminal justice system that readily releases convicted film-stars and politicians but insists on incarcerating those accused of committing the ‘crime’ of supporting or believing in thought contrary to the ruling ideology. Despite many Supreme Court rulings and the recent Kerala High Court assertion that ‘being a Maoist is no crime’, the reality is that it is just this accusation that keeps Saibaba and hundreds of others like him in prison for years on end.
In the last thirteen months, Saibaba has had his bail rejected four times – thrice in the Sessions Court and once in the High Court. Despite his severe disability and his rapidly deteriorating medical condition, the State has not only vigorously opposed bail, but also gone out of its way to deny him proper medical care. Whenever Saibaba has applied for bail on medical and disability grounds, the prosecution has adopted the tactic of ensuring that facilities were provided in the jail when the bail application came up for hearing, but after the bail application was disposed of, those facilities are withdrawn. Continue reading