GN Saibaba's timeline and judgement of Gadchiroli Session Court

New Delhi, Oct 15: The Supreme Court on Saturday suspended the Bombay High Court order acquitting former Delhi University (DU) professor G N Saibaba and others in a Maoist-links case. The top court rejected Saibaba's request to order his release from jail due to his disability and health conditions and put him under house arrest after the Maharashtra government opposed the prayer, saying nowadays, there is a new tendency of "urban naxals" to seek house arrest.

GN Saibaba's Timeline & Judgement of Gadchiroli Session Court, 2017:

25 August, 2013: During a secret meeting with a JNU student, Hem Mishra, Tirki and Narote were arrested and FIR No. 3017/13, was registered at Police Station Aheri in Gadchiroli District u/s 120B, IPC, and u/s 13, 20, 39, Unlawful Activities Prevention Act (UAPA).

During interrogation with Mahesh and Mandu, it was revealed that naxal lady DVC Narmadakka of CPI (Maoist) and its frontal organisation RDF had told them that accused no.3 Hem Mishra was coming from Delhi along with important things and he should be brought to Murewada forest safely and for that purpose they were sent to Aheri Bus Stand.

Hem Mishra revealed that GN Saibaba who was active member of banned organisation CPI (Maoist) and its frontal organisation Revolutionary Democratic Front (RDF) had given him one memory card wrapped in a paper and told that he should take it to DVC Narmadakka who was active in Gadchiroli area and therefore, he was sent.

2 September, 2013: Two others members of CPI (Maoist) Prashant Rahi and Prasad @ Vijay Tirki - were arrested on the information received by Hem Mishra.

17 September, 2013: Documents seized from an alleged Naxal-[Left Wing Extremism (LWE)] courier Hem Mishra have revealed that the country's premier educational institute is becoming a hub of LWEs, security agencies have claimed, reports The Times of India on 18 September.

September 2013-January 2014: During interrogation with Hem Mishra and Prashant Rahi involvement of GN Saibaba (an English professor at Ram Lal Anand College) was revealed.

9 January, 2014: Investigating Officer Suhas Bawche along with his police staff (Maharashtra), videographer, panch and police staff of Delhi searched Saibaba's residence in Delhi.

16 February, 2014: The police filed a charge sheet no. 02/2014, under Sections 13, 18, 20, 38 and 39 of the Unlawful Activities Prevention Act (Amendment 2008), in the Court of the JMFC (Courts of Judicial Magistrate of First Class), Aheri. Five accused were shown as in judicial custody, two accused were shown as absconding, and the Petitioner was shown as 'yet to be arrested' in the charge sheet.

9 May, 2014: GN Saibaba was arrested in the present case from his university residence in Delhi, and produced before the court of the JMFC, Aheri.

15 May, 2014: Investigating agencies have reportedly extracted some e-mails and information from Saibaba's computer that suggests he recruited at least one more student from JNU as a 'professional revolutionary' to work in Chhattisgarh. The student who is described as 'Goswami' in Saibaba's correspondence with his close confidantes was once a member of Democratic Students' Union, a students' organisation in JNU. "We arrested Saibaba after procuring a non-bailable warrant against him. A chargesheet has been filed in the case where he has been named as an accused," IGP Ravindra Kadam, anti-Maoist operations, Maharashtra Police, said.

13 June, 2014: District and Session Judge, Gadchiroli, dismissed the Bail Application filed by Saibaba on the ground that there was a prima facie case against the Petitioner, and since proper medical attention was being provided to him inside jail, there was no reason to release him on bail.

1 July, 2017: Co-accused Vijay Tirki was granted bail by the Nagpur Bench of the High Court.

25 August, 2014: The Nagpur bench of the Bombay High Court dismissed Saibaba's Bail Application on the ground that the Petitioner was a member of an organisation which was a front for the CPI Maoist and material recovered from his residence. The High Court found that "There are also documents prima facie showing professing and supporting violent methods of the banned organisation by the applicant."
Co-accused Prashant Rahi was granted bail by the Nagpur Bench of the High Court.

28 October, 2014: Co-accused persons Prandu Narote and Mahesh Tirki were granted bail by the Sessions Judge.

17 November, 2014: The Sessions Judge rejected the Saibaba's application to be sent to AIIMS for treatment on the grounds that the High Court had, in its order of 25 August, 2014 dismissing his bail application, come to the conclusion that he was being given all proper medical care and treatment.

4 March, 2015: Saibaba's bail application was dismissed based on the fact that the High Court had already considered the medical facilities being provided to the Petitioner when it had rejected his bail application on August 25, 2014. Although the Sessions Judge took note of the fact that the respondent admitted that, for a while, there had been no vehicle to take Saibaba to the hospital, the judge was satisfied that the SP Gadchiroli had stated that he had now provided the appropriate vehicle.

18 April, 2015: Saibaba went on a hunger strike, and after he fell unconscious on 15 April, 2015, the Trial Court passed an order directing the jail superintendent and C.M.O to provide all legal facilities to him, directing Saibaba to stop his hunger strike, and further directing him to file an appropriate application for bail on medical ground.

27 April, 2015: Thereafter, Saibaba filed another bail application before the Sessions Judge.

3 June, 2015: The Sessions Judge rejected Saibaba's application for bail finding that inadequacy of medical treatment as a ground for bail had already been decided by it and necessary directions issued.

10 June, 2015: Purnima Upadhyay, working in the tribal area of Melghat in Amravati District, addressed an email to the Chief Justice of the High Court at Bombay regarding Saibaba's bail on medical grounds. The Chief Justice took suo motu notice of the email converted into Criminal PIL ST. No. 4/2015 titled - 'Ms. Purnima Upadhyay v. State of Maharashtra'.

26 June, 2015: The High Court came to the conclusion that there had been a change in circumstances from when it had first dismissed the Saibaba's bail application on 25 August 2014.

30 June, 2015: The Division Bench of the High Court of Judicature at Bombay therefore directed that Saibaba be released on bail for a period of three months so that he could go to Delhi for treatment at hospitals which were on the panel of Delhi University.

3 September, 2015: Hem Mishra was granted bail by the High Court of Judicature at Bombay, Nagpur Bench.

20 November, 2015: Saibaba filed a bail application before the High Court of Judicature at Bombay, Nagpur Bench.

14 December, 2015: Supplementary charge sheet came to be filed against Saibaba in the Court of Sessions Judge, Gadchiroli and it was registered as Sessions Case No. 130/2015.

23 December, 2015: The High Court of Judicature at Bombay, Nagpur Bench, Nagpur, dismissed Saibaba's bail application.

7 January, 2016: The special petition was filed before the Supreme Court of India.

22 January, 2016: Notice is issued to the government of Maharashtra on the petition.

23 February, 2016: The Supreme Court ordered the Maharashtra Government to provide basic medical facilities to the professor and asked the counsel for Saibaba to file an exemption plea.

4 April, 2016: The Supreme Court granted bail to Saibaba, in jail over suspicion of having links with the Communist Party of India-Maoist (CPI-Maoist), while pulling up the Maharashtra government for being "extremely unfair." A Bench of Justices J.S. Khehar and C. Nagappan said there was no point in keeping Saibaba, who is a wheelchair-user, in Nagpur Jail indefinitely.
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JUDGEMENT OF GADCHIROLI SESSION COURT, 2017

7 March, 2017: Saibaba and five others convicted and sentenced by Gadchiroli Session Court presided by Suryakant S. Shinde.

Name of the accused: Mahesh Kariman Tirki, Pandu Pora Narote, Hem Keshavdatta Mishra, Prashant Rahi Narayan Sanglikar, Vijay Nan Tirki and Gokalkonda Naga Saibaba.

Police accusations: Offence punishable u/s 13, 18, 20, 38 and 39 of The Unlawful Activities (Prevention) Act, 1967 r/w sec.120B of the Indian Penal Code.

1. War against India: All accused are that on or before 12.9.2013 within India they hatched criminal conspiracy to wage war against the Government of India and to collect people with the intention of waging war against the Government of India.

2. Violence and destabilisation: All accused are shaking and reducing the faith of the common citizen in its democratic Government by large scale violence destruction of lives and property and thereby destabilise the system of Government established by law.

3. Links with Communist Party of India (Maoist): All accused are organising the spread of secessionist and rebellious thoughts by holding convert and secret meetings, to collect money in India for achieving the objects of the said criminal conspiracy by illegal means, to continue unlawful activities of Communist Party of India (Maoist) and its frontal organisation Revolutionary Democratic Front (RDF), for achieving the objects of criminal conspiracy, to continue the activities of Terrorist Gang, banned terrorist organisation or unlawful association.

Mahesh Tirki and Pandu Narote in pursuance of the criminal conspiracy with Hem Mishra and Saibaba were found in possession of naxal literature, pamphlets, letters, correspondence, audio-video, electronic materials which were to be used for inciting the people to create violence to cause public disorder and they were receiving the members of banned terrorist organisation CPI (Maoist) and its frontal organisation RDF and were taking them safely and secretly to forest area within the Gadchiroli district to meet absconding underground naxals. Hem Mishra was found in possession of 16 GB memory card of Sandisk Company containing letters, correspondence which were addressed to the Comrades of banned terrorist organisation CPI (Maoist) and its frontal organisation RDF.

Prashant Rahi and Vijay Tirki in pursuance of criminal conspiracy with accused Mahesh Tirki, Pandu Narote, Hem Mishra and Saibaba were found in possession of letters and writings regarding banned terrorist organization CPI (Maoist) and its frontal organisation RDF.
Conclusion
Hem Mishra is a letter addressed to Dear friends Red Salute by Sahyadri State Committee of Maharashtra CPI (Maoist) titled as - Oppose the Government's ongoing war against the people of Garhchiroli district. Lastly, in the said document it is stated that mass movement and armed struggle both are equally important and are necessary for the revolution."

From this letter it can be inferred that the incitement were given to the Comrades of CPI (Maoist) to resist the action of police by armed struggle.

The infamous slogan of RDF is "Naxalbari Ek Hi Rasta" which is reflected in the document which is a draft manifesto at Art. 159 retrieved from the harddisc seized from house search of Saibaba.

A document at Page no. 97 of Exh. 267 titled as Communist Party of India (Maoist) by Gudsa Usendi, Spokesperson, Dandakaranya Special Zonal Committee, CPI (Maoist) headed by "Observe Martyrs Week From July 28 to August 3! Red Homage to Our Party's Forefounders and Beloved Teachers Comrades Charu Mazumdar and Kanhai Chatterjee!" and further it is mentioned in the document that By virtue of these sacrifices, revolutionary movement has been advancing raising the slogan 'Naxalbari Ek Hi Rasta'. From this document it is clear that the Dandakaranya Special Zonal Committee of CPI (Maoist) a banned organisation made incitement to wage a war against the Government and choose a way of naxal with slogan "Naxalbari Ek Hi Rasta" and oppose the scheme of Government i.e. "Operation Green Hunt".

In interview at page no. 119 of Exh. 267 taken out from the hard disc titled as "Maoist Strategy in India" with Sub title "An interview with G.N.Saibaba", stated that he is the deputy secretary of the Revolutionary Democratic Front. He further stated that the Maoist are following the new democratic method proved by China under the leadership of Mao that the revolutionary movements must put priority on working in the areas where the state is weak

In video clip having path Exh.3/films /s1/RDF/2/ VIDEO _TS /VTS_01_1, it is clear that Saibaba is seen speaking about the Kashmiri peoples struggle for freedom and gave assurance that RDF is not only supporting the movement but takes active part and their main concern is to liberate the Kashmir and further Saibaba have stated that the struggle for liberation of Kashmir and our liberation are the same.

A document at Art. A21 of Exh. 266 which was retrieved from the 16 GB memory card of Sandisk Company seized from the possession of Hem Mishra addressed to Comrade by one Jaddu and Prakash dated 1st August 2013 and the relevant portions of this document are reproduced as: "We have received 1.5 lakhs once and 75 thousand at another time so far after the arrest of the comrade. But we incurred several lakhs of rupees on the continuous programmes and activities. We have incurred a loan of 2.5 lakhs as of now. Every passing day brings in new expenditure. We do collect funds but the range of our activities is so very high that we are not in a position to meet all expenses through collections...."

The document at page no.78 of Exh.267 having path Exh.4/OLD EHD/OLD/All 12345/ILPS/Dear Arman, Exh.267 is a letter addressed to Dear Arman wherein it is mentioned that when accused no.6 Saibaba was in London, Holland and Birmingham during their discussion following proposals were agreed.
Some representatives from India from anti-displacement front, political prisoners and RDF, possibly anti-caste movement will join ILPS - International League of Peoples' Struggle' TIA - Third International Assembly.

ILPS to aid and promote the formation of international Solidarity Committees supporting and taking up the issues of Indian Anti-displacement movement particularly in Europe and Americas to start with. Comrade Varavara Rao has agreed to participate in the TIA.

A document at page no. 81 of Exh. 267 is a letter on the letter head of ATIK (Avrupa Turkiyeli Isciler Konfedersasyonu), Turque and Europe addressed to Saibaba from Chairperson of International Relation Commission ATIK wherein it is mentioned that said ATIK launched a campaign for the solidarity with the Indian people and people's movement against Operation Green Hunt (OGH) a scheme of Indian Government and invited Senior Maoist leaders from India to Europe and also talked to Turkey about the joining of Maoist leaders.

A document at Page no. 88 of Exh. 267 retrieved from the Harddisc seized from the house search of Saibaba is a letter addressed to Dear Comrade by Prakash in which it is suggested to celebrate Lenin's Birth Day and formation day of CPI (ML) to further its activities.