India News | Maoist Links Case: Sanction for G N Saibaba's Prosecution Was Without Application of Mind, Says HC

Nagpur, Mar 5 (PTI) Observing that the grant of sanction is a "sacrosanct act", the Bombay High Court on Tuesday said the sanction given by the Maharashtra government authority to prosecute former Delhi University professor G N Saibaba and five others under UAPA was without application of mind.

A division bench of the high court set aside the life sentence of Saibaba in an alleged Maoist links case, noting that the prosecution failed to prove the charges beyond a reasonable doubt.

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The Nagpur bench of Justices Vinay Joshi and Valmiki SA Menezes termed the sanction for prosecution under the Unlawful Activities (Prevention) Act (UAPA) as "null and void."

Saibaba (54), who is wheelchair-bound due to physical disability, was undergoing a life sentence in the Nagpur Central Jail.

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The report submitted in the present case by the authority granting sanction to prosecute the accused under UAPA "displays total non-application of mind" to the material on record, the bench stated in its order.

The bench also refused to accept the prosecution's case that incriminating material was seized from the accused persons and said the material was only pamphlets and some electronic data.

These documents and material would demonstrate that the accused were sympathisers of a Maoist philosophy or sympathised with the cause of certain tribal groups, it stated.

"Mere possession of such literature, having a particular political and social philosophy by itself is not contemplated as an offence under the UAPA," the high court stated.

The bench further noted that one can now access a huge amount of information on the Internet on Communist and Naxal philosophy including videos.

"Merely because a citizen downloads this material or even sympathises with the philosophy, would itself not be an offence unless there is specific evidence led by the prosecution to connect an active role shown by the accused with particular incidents of violence and terrorism, which would be offences within the purview of the UAPA," the HC said.

On the issue of the sanctioning report, the bench said in the present case, a cryptic report was sent by the independent authority and such a "cryptic communication cannot be considered as a report under law".

"The laconic half-page communication cannot be called a report since there is no material found therein to infer that the authority has reviewed the evidence gathered and formed a particular opinion on that basis," the high court said.

The bench noted that the grant of sanction was a "sacrosanct act" which was intended to provide safeguards against frivolous and vexatious litigation.

"The Sanctioning Authority after being apprised of all the facts, must form an opinion that prima facie a case is made out. The sanction order must speak for itself and enunciate that the authority has gone through the entire record of investigation," the bench said.

It added that recommendation by an independent authority was a prerequisite for the grant of sanction and it is mandatory for the sanctioning authority to consider the report submitted by such authority.

"It is a statutory mandate for the authority to take independent review of the entire evidence. The legitimate expectation is that the authority will apply its mind, consider the entire material, and re-scan the evidence before reaching to the conclusion," the bench stated.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)