Human Rights Activist GN Saibaba Dies After 10 Years in Jail Under UAPA: A Call for Reform

By Legal Wires 5 Minutes Read

The tragic death of Professor GN Saibaba, a renowned academic and human rights activist, has shed light on the harsh realities faced by individuals who challenge State power within India’s criminal justice system. Saibaba’s case illustrates how draconian laws like the Unlawful Activities (Prevention) Act (UAPA) 1967 have been used to silence dissent. Despite living with 90% disability, Saibaba was imprisoned for over 10 years on fabricated charges, enduring brutal conditions before being acquitted by the Bombay High Court. His story resonates with the broader concerns over the misuse of anti-terror laws and the impact of prolonged detentions.

Background of the Case:

Activism and Arrest
- Professor GN Saibaba, a Delhi University academic, took up human rights causes, which led to his persecution by the State.
- He was arrested under the UAPA for alleged Maoist links, though there was no concrete evidence against him.
- Saibaba’s arrest and subsequent incarceration were viewed as attempts to stifle dissent against the establishment.
Brutal Incarceration
- Despite his severe disability and deteriorating health, Saibaba was denied adequate medical treatment during his imprisonment.
- He developed multiple life-threatening ailments, including hypertrophic cardiomyopathy and gallbladder complications, which worsened during his years in prison.
Court Acquittal and Release
1. In March 2024, the Bombay High Court acquitted Saibaba and five co-accused, finding no evidence to support the charges under the UAPA.
2. The court criticized the State’s reliance on fabricated evidence and lack of proper investigation.

Challenges Under UAPA:

Inversion of Fundamental Legal Principles
- The UAPA allows the reversal of basic legal norms, such as “bail is the rule” and “innocent until proven guilty”, placing an undue burden on accused activists.
- Saibaba’s case exemplifies how the law enables the State to trap dissidents by criminalizing their political beliefs or activism.
Severe Health Consequences
- Saibaba suffered from severe health issues, which were exacerbated by prison conditions. He wrote extensively about the pain he endured in his memoir, Why do you fear my way so much?, stating that he lived at “subhuman and inhuman levels” in prison.
- He was denied parole to attend his mother’s funeral, a violation of his basic human rights.

Judicial Journey:

First Acquittal
- In October 2022, the Bombay High Court initially acquitted Saibaba, finding that the UAPA sanction was invalid. However, the Supreme Court stayed this decision the next day in an unusual Saturday session.
- The Supreme Court later remitted the matter for reconsideration by another bench.
Second Acquittal on Merits
- The second acquittal came after the High Court thoroughly examined the case, finding no evidence linking Saibaba to any Maoist activities.
- The court discredited the seizure of alleged incriminating materials from Saibaba’s residence, noting several procedural flaws in the investigation.

Broader Implications:

Impact on Others
- The case also highlights the death of co-accused Pandu Pora Narote, who died in custody before his acquittal, evoking memories of the death of Father Stan Swamy in the Bhima Koregaon case.
- These cases illustrate how UAPA becomes a tool for punishment through the process of prolonged detention, often without trial.
The Urgent Need for Reforms
- Former Supreme Court Justice Aftab Alam‘s remarks resonate deeply: “Where has this draconian law in the world’s largest democracy taken us?”
- There is a growing demand for reforms to address the human costs of unjust detentions under UAPA, with calls for compensation and rehabilitation for the victims.