Bombay HC rejects GN Saibaba’s plea for temporary bail

The Nagpur bench of the Bombay high court on Tuesday rejected application filed by Gokalkonda Naga Saibaba, former Delhi University professor, who is serving a life

The Nagpur bench of the Bombay high court on Tuesday rejected application filed by Gokalkonda Naga Saibaba, former Delhi University professor, who is serving a life sentence for his links with Maoists, seeking temporary bail for 45 days.

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In March 2017, a special court has convicted Saibaba under sections 13 and 18 of the Unlawful Activities (Prevention) Act, 1967 for his Maoists links, and sentenced him to life imprisonment.

He had filed an application seeking temporary bail primarily in view of the spread of Covid-19 pandemic in Nagpur central prison where he is presently lodged, and mainly on the ground of his deteriorating health.

It was argued on his behalf that the former DU professor suffers from various ailments which can be termed as co-morbidities and due to initiation of the lockdown the applicant was unable to receive various medicines which were being supplied by his family members and well-wishers.

In the light of the fact that staff in the jail, as well as some inmates, had tested positive for Covid-19, there was every likelihood of Saibaba getting infected, his lawyer added and urged HC to grant him temporary bail considering his medical condition and also the spread of the Covid-19 pandemic in the jail.

The application was opposed by a special prosecutor appearing for the state. He pointed out that all care and due precautions were being taken by the jail authorities in the light of the spread of Covid-19. He added that Saibaba has been placed in a high-security cell in a separate wing, the inmates of which are not allowed to mix with other inmates. Besides, he added that Saibaba was tested for COVID-19 infection and his test results were negative.

The bench of justice AS Chandurkar and justice Amit Borkar accepted the prosecutor’s contention.

“Though the applicant suffers from various ailments, in the light of the fact that he has been kept in a separate high security cell and there is no contact or communication between the inmates of the wing in which he is kept with the inmates of the other wings, we do not find any ground made out to release the applicant on temporary bail due to outbreak of the pandemic,” they said while rejecting the former DU professor’s plea for temporary bail.

The bench said while arriving at the conclusion it also took into consideration the nature of accusations against Saibaba, his conviction by the sessions court and rejection of his application for suspension of sentence by HC in March 2019.

As regards the claim of worsening condition of the convict, the bench said nothing was brought on record except listing the purported ailments which the former DU professor suffered from.

HC has, however, directed the jail authorities to expeditiously decide his fresh application for parole leave.