Jailed DU Professor G N Saibaba gets bail for 3 months

Professor GN Saibaba

Written by Aamir Khan | Mumbai |Updated: June 30, 2015 4:21 pm

Delhi University professor G N Saibaba, jailed for alleged Maoist links, was on Tuesday granted bail for three months by the Bombay High Court on health ground. Saibaba has been in jail since his arrest in May 2014 by the Maharashtra Police from the Delhi University campus.

Saying that it will be failing in its duty in protecting the fundamental rights of Saibaba, the Bombay High Court granted him bail to undergo medical treatment for his failing health condition.

The English professor will walk out of Nagpur Central Prison as 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.

“If extra ordinary 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 authorises) to release him for three months for medical treatment and support of his family,” Chief Justice Mohit Shah and Justice S B Shukre observed.

Public Prosecutor Sandeep Shinde, however, opposed the reprieve saying Saibaba is associated with the banned CPI (Maoist) and there was a possibility of him tampering with evidence.

He argued that the hard disk retrieved from Saibaba’s house corroborated with the evidence in memory cards gathered from a couple of accused who had claimed of getting it from Saibaba.

Activist Purnima Upadhyay, whose letter to the court highlighted Saibaba’s failing health, had pointed out the 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.

The HC took note of the affidavit which says that Saibaba had to be wheeled with assistance. He had also 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 that complications in his kidney and gall bladder have led to urinal problems as he was on strong medication,” the petitioner had said. Keeping his deteriorating condition in mind, the court noted that there was a need to re-examine his bail plea.

Allowing Saibaba’s brother and wife to meet him, 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 also rapped the police for ‘working blindly’ and treating the ailing professor ‘like an animal’.

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

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#Goodnews – Bombay HC allows jailed DU professor Saibaba to access private health care

Dr Saibaba, who has spent six months in the Nagpur prison’s “anda cell”, has developed many more ailments, leaving him crippled.

Dr Saibaba, who has spent six months in the Nagpur prison’s “anda cell”, has developed many more ailments, leaving him crippled.

Written by Aamir Khan | Mumbai |Published on:June 17, 2015

The Bombay High Court Wednesday allowed Delhi University professor Dr G N Saibaba — jailed in Nagpur for his alleged maoist links — to be shifted to a private health facility observing his deteriorating health. Appearing for the family, senior counsel Gayatri Singh informed Chief Justice Mohit Shah and Justice AK Menon that government facilities in Nagpur were incapable of handling Saibaba’s case. “He is suffering from neurological issues apart from heart related and other ailments,” she said.

Public prosecutor Sandeep Shinde opposed to the proposal, citing security concerns. “It may lead to bigger security concern,” said Shinde adding that the sessions judge in Nagour could assess the situation and pass appropriate orders. The HC, however, felt that the professor’s health might worsen if not admitted immediately to a private hospital having neurological treatment facility. Feeling it necessary to impose certain safeguards, while HC has allowed Saibaba’s wife and brother to accompany him, they have restricted them from carrying cellphones or laptops. Add to that, there will be medical officer nominated by the prison authority accompanying Saibaba and also a doctor appointed by his family. Round-the-clock security by the prison will be provided at the private hospital, the HC said. The court also clarified that Saibaba will remain in the hospital subject to its further orders. His medical report will be submitted to Shinde who will in turn inform the court about Saibaba’s condition. The HC had last week taken took suo motu cognisance of a letter written by an activist, who expressed concern over the failing health condition of Delhi University professor G N Saibaba, arrested for alleged Maoist links a year ago. Melghat-based activist Purnima Upadhyay, in a mail enclosed the copy of a news report published in an English daily earlier this month. The report points out that Saibaba, who has spent six months in the prison’s “anda cell”, has developed many more ailments, leaving him crippled. The English professor is able to use only his right hand, the report says. Taking note of the letter and the news report, the High Court issued notice and asked them to file their replies by June 17. In a development which took place last month, a sessions court had ordered that Saibaba, be given a disabled friendly bed and three more assistants, however, the prison officials are yet to implement the order. The professor is paralysed below neck and cannot move without help. On May 20, during a hearing via video conference, Saibaba had told sessions judge D R Shirasao that due to his ailment he was unable to stay in the concrete Anda cell and that he needed three more assistants along with a bed that suited his ailment.

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