Skip to main content

Apex Court Saibaba order supports move to 'kill' brains that think, question, resist

Counterview Desk 

The civil rights network Campaign Against State Repression (CASR), taking strong exception to the Supreme Court order to suspend the acquittal of Prof GN Saibaba and others in Gadchiroli case pertaining to alleged ‘Maoist link’, has said that it an attempt to kill so-called “dangerous brain” because the state wants to kill them and their brains that think, question and resist.
In a statement,CASR says, “They want to kill every brain, gag every mouth and jail every being who questions the brutal exploitation of people by the big corporates. They want to keep in jail every voice that foisted the state’s attempt to militarily loot the people of their resources and livelihood through Operation Green-Hunt, which Saibaba and others jailed in Gadchiroli case and Bhima Koregaon case have strongly rresisted”
It adds, "They want to do so to continue the exploitation of people and their resources in far off central Indian regions, in North Eastern states, Kashmir and everywhere. This is not just an attack on Saibaba and others but a clear sign of continuing and ever sharpening attack on all involved in the struggle for a democratic society.”


“Our system is scared of those (people) who raise their voice against its injustice. It (system) is scared of the people’s voice. Students and activists, who expose failures of governments, are viewed as a threat by the establishment and the state wants to destroy this threat.” -- Hem Mishra student and cultural activist
Ninety percent disabled, wheelchair bound professor GN Saibaba, Hem Mishra, Prashant Rahi, Mahesh Tirki and Vijay Tirki were granted acquittal by Nagpur Bench of Bombay High court on 14th October 2022 on the grounds of irregular sanction. The High Court noted that in the absence of proper and legal sanction by appointed sanctioning authority i.e., the Central Government, the trial in the case is null and void, as the trial court didn’t have lawful authority to prosecute in absence of the proper sanction under section 45 (I) of the Unlawful Activities (Prevention) Act. The order sent a wave of joy as Saibaba and others have been incarcerated falsely for over 8 years now with little to nothing relief, even in basic amenities like health care. But as soon as the order came, the Solicitor General Tushar Mehta, acting at the behest of the Brahmanical Hindutva fascist government at the Centre and State, made oral plea in the Supreme Court before the bench of Justice DY Chandrachud to stay the release of Saibaba and others as they are a perceived threat to national security. The SC noted that it cannot stay the acquittal order and turned down the plea. Not much later, when the country and the world was yet to know the relieving news of their acquittal, the Brahmanical Hindutva fascist state made the higher echelons of Judiciary constitute a “Extraordinary Special sitting” by an usually unordinary bench of Justice MR Shah and Bela M Trivedi to hear the Special Leave Petition against the acquittal order on the very next day, 15th October 2022. The question has been raised by various democratic lawyers, jurists and conscious people on the hurriedness and nature of this special sitting. It is also not very surprising as presiding Judge happens to be a supporter of Narendra Modi who has, not very long ago, proclaimed Modi as the “beloved, vibrant and visionary leader”. This very well points out the possible outcome, the hearing of 15th October was set to come out with.
They want to kill every brain, gag every mouth and jail every being who questions the brutal exploitation of people by the big corporates
The judges of SC not paying heed to the reasoning of the High Court in granting acquittal (absence of mandatory legal sanction from appointed legal authority under section 45 (I) of UAPA and principle laid down by Apex Court in Baji Nath Prasad Tripathi vs State of Bhopal) , instead kept dwelling on the issue of merit and the notion of perceived threat to national security. Justice MR Shah, tuning in with SG Tushar Mehta, noted that “in cases of terrorist and Maoist activity, brain is more dangerous and direct involvement is not necessary”, justifying the state’s dangerous narrative of “urban Naxals” to pave way for repression on democratic rights movement. The court didn’t even accept the humanitarian appeal of granting bail to GN Saibaba, who has severe ailments and is 90 percent disabled and suspended the Acquittal order without any basic relief to Saibaba and others, leaving the councils of Saibaba and others with four weeks time to plead their case.
While we look at this case, we need to see the previous practice of the state including the judiciary in their utter disregard to life and personal liberty of the political prisoners. Father Stan Swamy was constantly denied basic amenities like a sipper and medical care by the authorities and the delay by Courts in intervening, which ultimately led to death of our dear father. The same case was repeated with Saibaba’s co-accused Pandu Narote, who was denied medical care by state and died later as a prisoner. Recent death of Kashmiri political prisoner Altaf Ahmad Shah, ailing with cancer, was caused due to deliberate medical negligence in providing necessary care. The list is long to even name.
The state has adopted this vicious modus operandi to silence its critics by killing them one way or the other. Suspension of Saibaba and others’ acquittal order is one such attempt to kill their “dangerous brain”. Same goes for Atiqur Rahman in Hathras case, Gautam Navlakha (diagnosed with cancer), Vernon Gonsalves and Hany Babu in Bhima Koregaon case; because the state wants to kill them and their brains that think, that question and that resists. They want to kill every brain, gag every mouth and jail every being who questions the brutal exploitation of people by the big corporates. They want to keep in jail every voice that foisted the state’s attempt to militarily loot the people of their resources and livelihood through Operation Green-Hunt, which Saibaba and others jailed in Gadchiroli case and Bhima Koregaon case have strongly resisted. They want to do so to continue the exploitation of people and their resources in far off central Indian regions, in North Eastern states, Kashmir and everywhere. This is not just an attack on Saibaba and others but a clear sign of continuing and ever sharpening attack on all involved in the struggle for a democratic society.
We call upon all the democratic, progressive, pro-people, secular and conscious people to resist this blatant attack on democratic right and right to life and personal liberty; stand shoulder to shoulder with Saibaba, Hem, Prashant, Vijay and Mahesh; Demand to uphold their acquittal and grant them immediate, unconditional release; and hold the state responsible for the custodial Mmurder of Pandu Narote.

  • Release GN Saibaba, Hem Mishra, Parshant Rahi, Mahesh Tirki, Vijay Tirki immediately and unconditionally
  • Uphold the Bombay High Court’s order granting acquittal GN Saibaba and others.
  • Grant compensation to Pandu Narote's family.
  • Repeal UAPA and all other draconian laws.
  • Release all political prisoners.
*AISA, AISF, APCR, Bhim Army, Bigul Mazdoor Dasta, BSCEM, CEM, CRPP, CTF, Disha, DISSC, DSU, DTF, IAPL, IFTU, IMK, Karnataka Janashakti, Lokpaksh, LSI, Mazdoor Adhikar Sangathan, Mazdoor Patrika, Mehnatkash Mahila Sangathan, Morcha Patrika, NAPM, NBS, NCHRO, Nowruz, NTUI, PDSU, People’s Watch, Rihai Manch, Samajwadi Janparishad, Satyashodhak Sangh, SFI, United Against Hate, WSS)



Economist-editor's allegations on Narmada defamatory, baseless: Medha Patkar

Counterview Desk  In a reply directly addressed to well-known economist, journalist and columnist Swaminathan S Anklesaria Aiyar’s two articles in the Times of India (republished here and here ), calling them defamatory and wondering whether they were borne out of “ignorance or a conspiracy through political alliance”, Narmada Bachao Andolan leader Medha Pakar has said that the Narmada Sardar Saravar Project and the people's movement by adivasis, farmers, labourers, fish workers, potters and all the generations’ old communities from the river valley have suddenly come to be focused on, since the Gujarat elections are in the doorstep. She believes that while the “defamatory accusations with baseless conceptions such as ‘urban naxals’ are to be laughed at as the electoral strategic moves, one gets shocked to read the articles by a known old columnist like Swaminathan Ankalesaria Aiyar, published in a reputed daily like the Times of India." According to her, Aiyar’s two articl

Corporate-political party nexus? Rise and rise of Gautam Adani under Modi regime

By Sandeep Pandey*  In last five years Rs 10,09,510 crore taken as loans by various companies from banks in India have been declared as Non Performing Assets, an euphemism for writing them off. Out of this State Bank of India alone wrote off Rs 2,04,486 crore. Only about 13% of the total written off amount was recovered. Identity of the defaulting borrowers, most of whom are influential corporates, is not revealed. Compare this to the loans taken by farmers. The names of defaulting farmers is displayed on walls in tehsil offices to shame them and some unlucky ones also land up in lock-ups there. On the contrary, a few corporate defaulters have fled the country and quite curiously the authorities didn’t seize their passports like they do with some dissenting intellectuals or activists booked under mostly false cases. Now consider the donations received by political parties in the form of electoral bonds. The identity of the donor need not be revealed even to the Election Commission or i

Facing tough times, Rajasthan's Raika herders hold first-ever camel cheese festival

By Rosamma Thomas*  During the pandemic, the annual Pushkar camel fair in Rajasthan did not occur for fear of contagion; in 2022, it was called off again as lumpy skin disease affected cattle. At Sadri in Pali district, however, festivity continues – a two-day Camel Cheese Festival was held on November 23 and 24, 2022. Visitors spent time with the camel herds and their Raika, drank camel-milk tea with the herders and then returned to lunch at the Kumbhalgarh Camel Dairy, from where the Kumbhalgarh Fort is visible, to taste camel cheese. The Raika herders have been facing a tough time – camels are no longer used as much for transport or agriculture in Rajasthan. The animals have limited utility, but their milk is prized. Camel Charisma, the dairy at Kumbhalgarh, sends camel milk across the country to people who use it in therapy – for autistic children, improved blood sugar levels, or even to treat cancer. It is believed that the health benefits of the camel milk is because the animals

BJP-RSS trap opposition in 'futile row' around Savarkar, freedom movement

By Prem Singh*  Everything in this article is just a repetition. I have been saying all this since 1991-92. It is obvious that the Congress and the RSS/BJP do not like my ideas. But most socialists, advocates of social justice and communists also dislike my thoughts. I watch their measures and efforts to deal with the present crisis with interest. I respect them and also participate. Yet, the fact it, we fall behind again and again, and the crisis goes ahead. Instead of being a solution-providers, we are seen to be a part of the crisis. How long will this last? Perhaps, if the new generation thinks differently, things may turn for better! 1 To say that modern Indian society and politics are passing through the deepest crisis ever will surely be a repetition. The crisis is deeper than the spreading of communal hatred we witness around us. In fact, the business of communal hatred is flourishing by taking its manure and water from the deep crisis. The crisis of neo-colonial slavery is pro

Carbon abatement to tackle climate change: India's failure has 'outpaced' its success

By Satorupa Karmakar*  On November 01, 2021, India took a pledge of reaching a carbon-zero stage by 2070, at the COP-26 held in Glasgow, UK. As ‘ambitious’ and dubious it may sound to some, with a short-term delay in renewable energy generation (which gained the pace post-September 2020) and drastic fall in greenhouse gas (GHG) emission level as COVID-19 emerged as a ‘necessary evil’ , the path of India’s clean energy mission could be seen being paved throughout this time. Currently ranked as the third largest GHG emitter in the world, India is projected to demand more energy in coming years due to a large population base (1.3 billion as per 2011 Census data) and primarily coal-based fast-growing economy. Rapid industrialisation in post-colonial developing countries like India, stimulated by a larger and cheaper pool of fossil fuels and labour-force depicted a continuous upsurge in temperature, heavy precipitation in some places with an overall declining rainfall and a burgeoning soc

Demand to withdraw 'anti-environment, anti-adivasi' forest conservation rules 2022

By Gopinath Majhi*  The Campaign for Survival and Dignity (CSD), Odisha, a coalition of adivasis and forest dwellers’ organisations, has sent a memorandum to the Ministry of Environment, Forest and Climate Change (MoEFCC) raising serious concerns over Forest (Conservation) Rules, 2022, notified by the Centre on June 29.  Contending that recent amendments and a host of executive orders/guidelines issued by the ministry undermine and dilute the FRA and threaten the rights of adivasis and forest dwellers, CSD demands that the 2022 FC Rules should be rescinded forthwith. Demanding withdrawal of such anti-people and anti-environment rules CSD Odisha organised a protest Dharana in front of State Assembly today on 25th November 2022 and submitted memorandums to the Hon’ble Governor of Odisha, Chief Secretary and Commissioner-cum-Secretary, ST & SC Development Department for conveying our concerns against the FC Rules 2022 to the Central Government for its withdrawal. The memorandums w

GM mustard not swadeshi, it's a patent of MNC Bayer, GoI 'misleading' SC: Modi told

Counterview Desk  In a representation to Prime Minister Narendra Modi, as many as 42 farmers’ organisations though their representatives , backed by senior scientists and experts, have said that the Government of India (GoI) should stop misleading the Supreme Court “with untrue and incorrect” statements on GM mustard. Insisting that India does not need unsafe GM mustard, in their representation, they urged the Supreme Court to order immediate uprooting of GM mustard crop in various locations. The representation comes even as a penal of experts, coming down heavily on the GoI for refusing to see how in less than a week’s time the pollen from GM mustard will “start contaminating” non-GM mustard fields with transgenes, including male sterility and herbicide tolerant traits. Alleging that the GoI is actively misleading the Supreme Court with untrue and incorrect statements on GM mustard, Kavitha Kuruganti of the Coalition for a GM-Free India said, “We can list at least five areas where Gov

Shedding Hindu-Hindi-Hindustan? New Modi-Shah love for Tamil Nadu 'ignores' Periyar

By Sandeep Pandey*   The Rashtriya Swayamsewak Sangh (RSS) or the Bhartiya Janata Party (BJP) have long argued for ‘Hindu-Hindi-Hindustan’, which into recent years has translated into a crisper English expression: ‘One Nation-One Religion-One Language’. Given this backdrop, it is curious that the BJP government has organised the Kashi Tamil Sangamam in Varanasi, the Prime Minister’s constituency. Why did the BJP and RSS feel the need for such an event? All Narendra Modi events are highly publicised and have multiple political objectives. It is never an innocuous religious/cultural event as it may appear from the face of it. Afterall, RSS calls itself a cultural organisation, but has never ceased to surprise us with its political designs. Tamil Nadu has a long history of opposing imposition of Hindi by Union governments. Periyar EV Ramasamy had opposed the idea of compulsory teaching in Hindi as far back as in 1937. The 1960s witnessed violent protests against Hindi in which a number

Never-ending saga of sin tax: What if murder is taxed at Rs 1 crore, rape at Rs 5 crore?

By Moses Raj GS, Sangeetha Thomas*  What should have ended by June 30, 2022 as a 5 year experiment has resurfaced. The government has extended the levy of GST compensation cess by another 4 years till March 31, 2026. This cess, dubbed as the sin tax imposed on sin(ful) goods, is double the highest slab on indirect taxes. But only a few pay for it and the majority benefit, unendingly. The year 2017 is a landmark year for indirect taxes. With the grand idea of ‘One Nation, One Tax’ as a fiscal slogan subsuming all State based taxes such as octroi /entry tax, Value Added Tax (VAT), sales tax, taxes on lottery, betting and gambling, luxury tax, purchase tax, entertainment tax, property tax, professional tax and central sales tax into a single framework of Goods and Services Tax (GST) changed the contours of revenue collection. Complicating it further, India, with each State having its own size and revenue problems, has the most complex and highly centralised indirect tax structure in the w

'Extremist' US Hindu global group funding hate against Indian Churches: NGO groups

Counterview Desk  As many as 14 civil rights and faith-based organizations in co-signing a letter to the US Senators, Representatives, State Governor, and other elected officials have demanded the FBI, Internal Revenue Service (IRS), and Department of Justice should investigate into Texas-based organization Global Hindu Heritage Foundation (GHHF) a fundraiser campaign for demolishing churches in India. Co-signed by Federation of Indian American Christian Organization in North America (FIACONA), North American Church of God, Southern Methodist University (SMU) Human Rights Program, Amnesty International - Dallas, World Without Genocide, Center for Pluralism, Genocide Watch, The Indian American Muslim Council (IAMC), Limitless Church, Justice for All, Hindu for Human Rights, North Texas Peace Advocates, Good Citizens of DFW, and the North Texas Islamic Council, the letter has been sent to Senators John Cornyn and Ted Cruz; Representatives Michael C Burgess, Pat Fallon, Van Taylor, Terr