The Supreme Court of India Saturday ruled that human rights activist Gokarakonda Naga Saibaba must remain in prison despite procedural failures in his trial, overruling the Bombay High Court.
In its 101-page judgment, the Bombay High Court argued Saibaba is entitled to a retrial because the sanction for his prosecution was invalid at the time of conviction. The High Court argued that procedural safeguards are not “subservient to the overwhelming need to ensure that the accused is prosecuted and punished.” According to the court, such beliefs “must be muzzled by the voice of Rule of Law.” The Supreme Court held that this rational was not sufficient grounds for discharging the judgement, and “the High Court has not at all dealt with and/or considered anything on merits, more particularly, the seriousness and gravity of the offences.”
Saibaba has been in Nagpur Central Jail since 2014 for involvement in Maoist activities. He was found to have been a member of the Communist Party of India, recognized as a terrorist organization by the Indian government, and subsequently convicted under anti-terrorism laws. Amnesty International believes that Saibaba was imprisoned “solely for having spoken out against the violence and discrimination faced by the Dalit and Indigenous communities within India.”