Skip to main content

Review order rejecting Bombay HC's bail granted to Saibaba: Plea to Supreme Court

Counterview Desk 

Prof G Haragopal, chairman, Defense Committee for the Release of Saibaba, has appealed to the Supreme Court of India to review and reconsider Prof GN Saibaba’s and others case, stating, reversal of the judgment of the Bombay High Court granting bail to the jailed activist "in great hurry is a reflection on the justice system in India."
In an appeal to the Apex Court, Haragopal said, "jails in India have, instead of being reformative places, become punishing places, defeating the very purpose of the idea of prison. This is what led to the deaths of Stan Swamy and Pandu Narote", insissting, "this should not repeat in the case of Saibaba", who suffers from 90% disability.

Text:

The Defense Committee for the Release of Saibaba felt that the Bombay High Court Judgment finally did Justice to Saibaba and others who have been incarcerated for the last almost seven years. The reversal of judgment in great hurry is a reflection on the justice system in India.
The observation of the court that he has a powerful mind is negation of the essence of freedom of thought J. S. Mill wrote in his book on “Liberty” that “Unrestrained Freedom of Thought is the hallmark of Democracy.” Dissenting voices as Justice DY Chandrachud observed works as a check against the arbitrary exercise of power by the executive authority; unchecked power is like a pressure cooker which can lead to a burst at any time if the dissent is not allowed. The Judiciary must protect the freedoms of the citizens. It has to balance the freedoms of the citizens and power of the State, if they have to err it should be on the side of freedom.
The other consideration is that Saibaba's health has been in a bad shape. He suffers from several ailments. The jails in India have, instead of being reformative places, become punishing places, defeating the very purpose of the idea of prison. This is what led to the deaths of Stan Swamy and Pandu Narote. This should not repeat in the case of Saibaba who has been voicing his concerns on the suffering of the marginalized sections of the society. Such human concerns increasingly lead to humanization of such society.
Dr Saibaba is a Professor in a Prestigious University of this country. The universities are created by an Act of Parliament essentially to ensure the freedom of thought and protect from excessive interference of the executive, in the functioning of the University. It is the Judiciary which has to protect this freedom in the event of the executive violating the spirit of the legislative Act.
We are deeply worried about his health and further aggravation of his 90% disabilities. We appeal to the Supreme Judicial Authority of the country to review and reconsider his case and take the Judgment of Bombay High Court into consideration and acquit him and others in this case. This would restore public confidence in the Justice system of our country.

Comments

TRENDING

Tribal rights under siege: Roundtable Seeks strong legal defence of land, jobs and PESA

By A Representative  Tribal rights activists, legal experts, tribal leaders, former officials and civil society representatives from Andhra Pradesh and Telangana have called  for urgent action on tribal land rights, employment and PESA safeguards. They were participating in  roundtable on Constitutional Safeguards for Scheduled Tribes in the Telugu States at the Centre for Economic and Social Studies (CESS), Hyderabad. Former Governor Ch. Vidyasagar Rao chaired the deliberations.

The indirect toll: How US debt and dollar dominance shape Bangladesh's economy

By Md. Abu Saim*  The United States' federal debt has crossed $40 trillion. The number is almost impossible to comprehend. To put it in perspective, it equates to roughly $117,000 per American—and it would take nearly 110,000 years to repay at $1 million per day.

Kamal Mitra Chenoy, scholar and student activist who never stopped being both

By Harsh Thakor*  Professor Kamal Mitra Chenoy, who taught comparative politics and the Indian Constitution at the School of International Studies (SIS), Jawaharlal Nehru University, died on October 11. He was 75. A political scientist and public intellectual, he was known for his work on international relations, peace and conflict resolution, human rights and democratic values, and for his solidarity with students.