India: Government Relents at Public Outrage At Abuse of Prisoner Dr. Saibaba, Grants Limited Medical Release

Jailed for alleged Maoist link, DU professor GN Saibaba gets bail

Worsening health of G N Saibaba, charged under the UAPA for alleged Maoist links, was the main ground for his release.

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Professor GN Saibaba

AdTech AdWritten by Aamir Khan, Indian Express | Mumbai | July 1, 2015

Wheelchair-bound Delhi University professor G N Saibaba has been granted bail after over a year, as the Bombay High Court Tuesday exercised powers to “protect” his fundamental rights. He has been ailing and will go to Delhi for treatment.

Worsening health of Saibaba, charged under the stringent Unlawful Activities (Prevention) Act for alleged Maoist links, was the main ground for his release.

“If extraordinary powers enshrined under Article 226 is not exercised, this court will be failing in its duty to protect the fundamental rights of professor G N Saibaba, professor of English at Delhi University. Therefore, this court is inclined to direct respondents (jail authorities) to release him for three months for medical treatment and support of his family,” Chief Justice Mohit Shah and Justice S B Shukre observed.

Saibaba has been in Nagpur Central Prison since his arrest in May 2014 by the Maharashtra Police, from the university campus. Now that he is allowed to go to Delhi, he can undergo treatment for degeneration of spine and other neurological ailments.

The HC felt he needed his family’s round-the clock assistance. He has been asked to furnish a personal bond of Rs 50,000. He has been asked to not keep any mode of communication, such as laptop or cellphones, at his house.Dr GN
Public Prosecutor Sandeep Shinde wanted these bail conditions to be imposed. He opposed the reprieve saying Saibaba is associated with the banned CPI (Maoist) and there was possibility of him tampering with evidence. Shinde argued that Saibaba’s bail had been rejected on three occasions. He submitted that the single judge of the Nagpur bench of the Bombay High Court had rejected the plea.
“It was after the sessions court refused him relief. This court cannot take suo motu cognisance in a PIL and grant him bail as it does not have jurisdiction. There is an alternate remedy available to him,” argued Shinde. He pointed that the hard disk retrieved from Saibaba’s house corroborated with evidence in memory cards gathered from a couple of accused who claimed getting it from Saibaba. They were supposed to deliver the memory cards to naxals,” said Shinde.

Activist Purnima Upadhyay, whose letter to the court highlighted Saibaba’s failing health, had pointed out difficulties faced by his family in getting him treated. His family stays in Delhi and his wife and brother have to travel frequently to meet him.

Upadhyay said when she visited Saibaba, she saw him being wheeled with assistance. He had dislocated his shoulder, besides having a crippled right hand due to spinal problems.

“He often gets muscle cramps. He has also been fainting. He said complications in his kidney and gall bladder led to urinal problems as he was on strong medication,” she said.

Allowing Saibaba’s brother and wife to meet him, a bench of Chief Justice Mohit Shah and Justice A K Menon had earlier directed prison authorities to shift the professor to a hospital of his choice. The HC had rapped the police for ‘working blindly’ and treating the ailing professor ‘like an animal’.

Senior counsel Gayatri Singh, appearing for the petitioner, said government facilities in Nagpur were inadequate to handle Saibaba’s case. Escalating medical cost, up to Rs 1 lakh, which the family had incurred was worrisome, she had said.

 

 

India: Political Prisoner Saibaba on Hunger Strike for Basic Rights

Press Release

Committee for the Release of Political Prisoners

Condemn The Continuing Incarceration And Violation Of The Rights And Dignity Of Political Prisoner Dr. G N Saibaba!
  • The Case Of Dr. G N Saibaba Exposes The Vindictive Nature Of A Legally Challenged System!
  • Release Dr. G N Saibaba Unconditionally!

 

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Eleven months have passed after Dr. GN Saibaba was abducted from the Delhi University North Campus premises on 09 May 2014 by the Maharashtra police. Dr. Saibaba was produced in the remote far flung Aheri police station in the Maharashtra-Chhattisgarh border to be charged under several sections of the worst draconian legislation the UAPA. Dr. GN Saibaba, joint secretary of the Revolutionary Democratic Front (RDF) and a tireless campaigner against the policies of loot and plunder of the successive governments in India, euphemistically called as Operation Green Hunt (OGH) had become the target of ire of the state with mounting criticism from the opinionated sections of the progressive, liberal middle-class as well as the rising protests of the vast sections of the people against the so-called development policies of the government which would and is resulting in the loss of livelihoods of hundreds of thousands of dalits and adivasis—the poorest of the poor in the subcontinent.

In the last eleven months of his incarceration, Dr. Saibaba has repeatedly brought before the court as well as the jail authorities the pressing need for his grant of bail, not on any humanitarian grounds, but on the merit of law as sanctioned by the provisions that are there for the differently-abled. He has pointed out to the judge in many of the video conferences—as he was produced in the court only once and the rest of the dates of hearing / production have been met through the video conference facility, which is also a grievous infringement of his fundamental right—that the facilities in the Nagpur Central Jail are little or none to meet even the survival requirements of a 90 percent disabled and wheel chair bound person like him. But as we can see, the court preferred to stand by the prosecution, in an atmosphere vitiated by the media which profiled the wheel chair bound activist academic as a dreaded and dangerous demagogue having links with a proscribed organization, the CPI (Maoist). In the due course of his fight for justice through his lawyers, Dr. Saibaba’s plea for bail was twice rejected by the Sessions Court of Gadchiroli and once by the Nagpur bench of the Maharashtra High Court. But the facts can’t be belied. Saibaba’s concern about his fragile health grew larger as he was diagnosed with a bend spinal cord resulting in rib crowding and the lungs getting affected. Being a heart patient the troubles with his heart further compounded and the latest medical report requires him to undergo an angiography the post-recovery of which can be fatal in the prison stay. Further tests showed stones in the gall bladder. Continue reading