Human Rights Activist GN Saibaba Dies After Decade-Long Incarceration

Former Delhi University professor GN Saibaba, who spent nearly a decade in prison due to alleged links to Maoist activities, passed away on Saturday at the age of 57.

His death was attributed to post-operative complications following gallbladder surgery, conducted at Nizam's Institute of Medical Sciences in Hyderabad, where he had been receiving treatment for the past 20 days.

In March 2024, Saibaba and five co-accused were acquitted by the Nagpur bench of the Bombay High Court, which ruled that the prosecution failed to substantiate its claims. The court also overturned Saibaba's life sentence, deeming the sanction for prosecution under the Unlawful Activities (Prevention) Act (UAPA) as "null and void."

It criticized the state authorities for granting the sanction without proper consideration, describing the report recommending the invocation of UAPA provisions as a "cryptic and concise half-page communication."

Saibaba had been imprisoned since 2017 after a trial court in Maharashtra's Gadchiroli convicted him. Before this, he spent time in jail from 2014 to 2016 before being granted bail. A prominent academic and human rights advocate, Saibaba suffered immensely during his incarceration, which he described as "brutal" and based on "trumped-up charges" related to his social activism.

In his prison memoir, Why Do You Fear My Way So Much?, Saibaba detailed the severe physical deterioration he experienced during his imprisonment. He reported multiple health issues, including hypertrophic cardiomyopathy and pancreatitis, stemming from the harsh prison conditions.

"I have been living with explosive and shooting pain day in and day out. I am living on the margins of life," he lamented.

Despite his deteriorating health, the courts consistently denied his bail applications on medical grounds. Saibaba was even refused parole to attend his mother’s funeral, a denial he described as a violation of basic human rights.

"I couldn't see my mother one last time before her death because I was denied parole," he said, breaking down during a public interaction after his release.

Saibaba's acquittal was not the first time he had faced the court's scrutiny. In October 2022, the Bombay High Court found the trial to be invalid due to a lack of valid UAPA sanction, leading to his discharge.

However, the Supreme Court temporarily stayed his release, raising concerns about the justice process. Eventually, in the second round, the High Court acquitted Saibaba on merits, finding no credible evidence to support the charges against him.

The court highlighted the prosecution's failure to link Saibaba to any terrorist act, noting that mere possession of materials associated with Communist or Naxal philosophy was insufficient to establish UAPA offenses.

"No evidence has been led by the prosecution by any witness to any incident, attack, act of violence," the High Court observed.

Saibaba’s plight parallels that of another co-accused, Pandu Pora Narote, who died as an undertrial prisoner in August 2022 without seeing his name cleared. These cases evoke the tragic death of Father Stan Swamy, another activist who died in custody while facing UAPA charges.

The UAPA has often been criticized for turning the principle of "innocent until proven guilty" on its head, enabling the state to detain activists and dissenters for extended periods without trial. The words of former Supreme Court judge Justice Aftab Alam resonate deeply: "Where has this draconian law in the world's largest democracy taken us?"

The impact of Saibaba's death has sparked discussions about the need for reform in how laws like the UAPA are applied, particularly against those who dissent. As the Supreme Court noted in a recent judgment, clean acquittals should potentially allow for claims for compensation against the state for the years lost to unjust detention.

Saibaba's legacy is one of resistance against oppression, emphasizing the importance of solidarity over sympathy. “I hope none of you should feel sympathetic to my condition. I don't believe in sympathy; I only believe in solidarity,” he stated in his memoir. His story, as he believed, is not just his own but a reflection of the broader struggle for freedom and justice.

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