Prof. Saibaba's bail
|  22/09/2014 | | ||
Honorable Justice Shri V.R. Krishna Iyer ji,
We are once again taking the liberty of writing to you and hoping to get a word of counsel. Professor G.N. Saibaba teaching at Ram Lal Anand College, Delhi University was arrested on 9 May, 2014 and is lodged in a jail in Nagpur under several provisions of Unlawful Activities (Prevention) Act, 1967 [UAPA]. The police suspect him to be a Maoist. Professor Saibaba, suffers from 90% disability due to polio contracted in early childhood. He is wheelchair bound and also suffers from cardiac ailment, high blood pressure and low backache. He is lodged in a solitary cell and has been denied bail both by the lower court as well as the Nagpur bench of the Bombay High Court. The details of his ailments and suffering in jail are enumerated in the two articles attached herewith. These articles were published in the Countercurrents.org a web based journal.
While the Code of Criminal Procedure permits bail in case of a person under the age of sixteen years; a woman; a sick or infirm person, special laws like UAPA expressly forbid bail. It is inconceivable that the bail conditions outlined above under the Code of Criminal Procedure would not hold ground under special laws like UAPA. How can a person with 90% disability who needs an attendant for activities of daily living e.g. using a toilet seat be kept in jail and denied bail? Isn’t it illegal and unconstitutional to keep such a person in jail when he is still an under trial?
Sir, with your sagacious views on the issue of bail of Tejpal, former editor, Tehelka magazine the latter has since been enlarged on bail.
Thanks.
Yours sincerely,
Dr. Paramjit Singh
Secretary, Public Interest Litigation Watch Group
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