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In its verdict acquitting former Delhi College professor G N Saibaba and 5 different accused within the alleged Maoist hyperlinks case, the Nagpur bench of the Bombay Excessive court docket deflated a few of the severe prices levelled and materials together with digital proof produced in opposition to the accused by Maharashtra Police.A division bench of Justices Vinay G Joshi and Valmiki SA Menezes noticed that there was non-compliance with provisions of the Illegal Actions (Prevention) Act pertaining to arrest, search and seizure of fabric within the case.
Tough to simply accept accused dedicated terrorist act
The bench noticed that it was tough to simply accept that they’d conspired and made preparations to commit a terrorist act which was not spelt out within the case.
It was prosecution’s case that the accused undertook a preparatory act to commit a terrorist act punishable beneath Part 18 of UAPA. Nevertheless, the bench noticed, “With a view to entice the offence of conspiracy, moreover obscure allegations that they’ve conspired to wage struggle in opposition to the federal government or advocated arms battle, there is no such thing as a different materials.”
No purpose given to not arrest GN Saibaba for eight months since home search
The HC additionally famous that prosecution didn’t give good reason for not arresting GN Saibaba for eight months until Could, 2014, whereas his home was searched in September 2013 and chargesheet was subsequently filed. “The explanation for not arresting GN Saibaba for a substantial interval regardless of understanding his alleged complexity and his place of dwelling has not been defined to our satisfaction,” the HC noticed.
Case diary not maintained correctly
The bench noticed that procedural mandate beneath Part 172 of the Prison Process Code (CrPC) was not adopted in sustaining case diary regardless of severe offences levelled in opposition to the accused. It stated that the investigating officer admitted that the case diary was neither correctly paginated nor in sure situation, however was in unfastened situation stored within the file. The appellants had alleged fabrication of fabric by the police.
Digital proof couldn’t show case
The excessive court docket noticed that “although nice deal of digital proof was produced within the type of printed/laborious copies of the content material saved in digital kind or within the nature of video footage, no proof has been led by any witness figuring out the varied individuals in these movies.” It held the stated materials needn’t be gone into as proof within the case.
Movies of speeches the place accused have been current couldn’t show guilt
The HC additionally referred to movies of a 2012 rally at Hyderabad the place speeches have been made by sure individuals and three accused together with GN Saibaba have been allegedly current. “The prosecution has not established that the speeches made in these movies are within the nature of assist to any banned organisation beneath the UAPA,” it stated. It added that mere presence of three accused together with GN Saibaba within the stated movies by itself wouldn’t make out any case for the prosecution.
Mere possession of literature sympathising with Maoist philosophy not an offence beneath UAPA
The HC additionally held that the literature contained within the laborious disk allegedly seized from the home of Saibaba wouldn’t represent an offence beneath the UAPA. It famous that the paperwork seized associated to the interval from 2006 to 2012, which was over one and 7 months previous to registration of FIR. The HC stated the paperwork would maybe display that the accused have been sympathisers of Maoist philosophy or sympathised with the reason for sure tribal teams or marginalised. Mere possession of such literature, having a specific political and social philosophy by itself will not be contemplated as an offence beneath the UAPA,” it held.
Merely downloading Naxal materials wouldn’t represent offence except particular proof supplied
The HC noticed that it’s a “widespread information that one can entry an enormous quantity of knowledge from the web site of Communist or Naxal philosophy, their actions together with movies and video footage of even violent nature.”
Subsequently, it added, “Merely as a result of a citizen downloads this materials and even sympathizes with the philosophy, would itself not be an offence except there may be particular proof led by the prosecution to attach an lively function proven by the accused with specific incidents of violence and terrorism.”
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