The occupants of prisons are also still human beings, with human rights
In Bhima Koregaon Conspiracy case charge sheet against Rona Wilson and Prof. Hany Babu, the state has used their association with our Defence Committee as a criminal activity of organising campaign for a “Maoist.” The acquittal of Saibaba and others rubbishes such claims and therefore, we believe that this “allegation” should be struck down from Rona Wilson and Hem Mishra chargesheet…
_ STATEMENT FROM THE COMMITTEE FOR DEFENCE AND RELEASE OF GN SAIBABA
The Defence Committee for the release of Dr G N Saibaba welcomes the Bombay High Court judgement acquitting Dr G N Saibaba, Hem Mishra, Mahesh Tirki, Late. Pandu Narote, Prashant Rahi and Vijay Tirki.
Despite the delay of a decade in the delivery of justice in these cases, the fact that the honourable High Court found them innocent of all charges, is of great legal and political significance. The carefully argued order demonstrates beyond any possible doubt that the charges against these ordinary citizens of India were baseless, trumped up and unquestionably false. It sends a strong message of hope to other, similarly beleaguered victims of state repression, and is a ray of hope in a judicial system that is increasingly under threat of losing its autonomy, as a result of growing political pressures on it in India today. It is important to note that arbitrary and draconian laws like the UAPA have made it difficult for even the judicial system to protect the rights and liberties of citizens. The Order and judgement of the honourable High Court’s is therefore even more laudable, in these circumstances.
However, the Defence Committee notes with deep sorrow and regret the unnecessary imprisonment and tragic death in prison of Pandu Narote, due to deliberate medical neglect by the prison authorities. Narote’s death, like the death of Father Stan Swamy earlier, and innumerable others like them, is a telling reminder that capital punishment can be systemically delivered, even when it is not judicially ordered. Dr. Saibaba’s health too, has deteriorated terribly in the course of his incarceration, due to the same deliberate medical neglect by the prison authorities. These instances of death and destroyed health, are all urgent reminders that the institutions of incarceration in India desperately need overhauling in their administration: they are reminders that the occupants of prisons are also still human beings, with human rights. In this context, the Committee also notes with concern that political prisoners in particular seem to be targeted by the state for speaking against injustices; the message from the state seems to be that, the more you fight for the human rights of people around you, the more the state will trample on your own human rights. Such forms of implicit torture are as condemnable as explicit institutional torture.
The Committee notes, therefore, that, despite the cause for celebration in the release of the above named, the struggle for justice continues at several levels. For instance, several activists, professors and advocate who also worked for Saibaba and other’s release are languishing in jail under Bhima Koregaon case. In Bhima Koregaon Conspiracy case charge sheet against Rona Wilson and Prof. Hany Babu, the state has used their association with our Defence Committee as a criminal activity of organising campaign for a “Maoist.” The acquittal of Saibaba and others rubbishes such claims and therefore, we believe that this “allegation” should be struck down from Rona Wilson and Hem Mishra chargesheet.
Considering the grave injustices done to Saibaba, Hem Mishra and others and the impact that similar modus operandi of suppressing dissent has on people’s lives, we demand the following:
1. The Committee appeals to the honourable Supreme Court to refuse to admit the appeal being filed by the Maharashtra government, against the order of acquittal, in the interest of ensuring that justice continues to
prevail.
2. Dr. G.N. Saibaba should be reinstated to his post in Delhi University, with retrospective benefits and
compensations.
3. Saibaba, Hem Mishra, Prashant Rahi, Mahesh Tirki, Vijay Tirki and family of Late. Pandu Narote should be granted compensation for the years long wrongful incarceration and loss of life of Pandu Narote under detention.
4. Draconian and repressive instruments of the state like the UAPA should be immediately repealed.
5. All charges against intellectuals and activists who have been similarly falsely detained under the UAPA in particular, such as those charged in the Bhima-Koregaon case, or those arrested during the anti-CAA/NRC struggle, should be dropped and they should be immediately released.
6. The lakhs of the poor and voiceless who languish in jails simply because they are considered inconvenient to political and corporate agendas should be released immediately.
Regards,
Prof. G. Haragopal
Chairperson,
Committee for the Defence and Release of GN Saibaba
March 10, 2024
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