Vol . 14 Issue : 11 Novemeber , 2022 Rs . 15 / - Obtaining Impartial Justice for the Victims of State Repression from our Judicial System of ‘ Snakes and Ladders ’ is an Absurdity !
The suspension of acquittal of G . N . Saibaba with abnormal urgency and extraordinary zeal shown by the Supreme Court once again exposes that rendering justice to those who really need is nothing but a mirage in reality . The rhetoric about the sacred nature of our constitution and the virtues about the directive principles that are incorporated in the constitution and the neutrality and independent nature of our judicial system in rendering the impartial and equitable justice to one and all without any prejudices is once again proved to be a mere pretense to make believe people and hoodwink them . The high and lefty talk about liberties , freedoms , fundamental rights , freedom of thought and expression are once again proved to be empty phrases and empty talk to immerse people in to illusions . Even the notions of humanity and humanitarian considerations and for their appeal too proved to be futile .
Professor G . N . Saibaba is a person who is suffering from 90 % disability physically . His left hand is on the verge of failure and there is an acute pain spreading in both hands . He suffers from pancreatitis , high bloodpressure , cardiomyopathy , chronic back pain , immobility and sleeplessness . He has to move in a wheel chair pushed by others . He was arrested in 2014 for his alleged links with the banned CPI ( Maoist ). A chargesheet was filed against him in 2015 . A sessions court later sentenced him to life imprisonment . For all these 8 years he was in incarceration under the draconian UAPA Law .
After many attempts to obtain at least bail to no avail , his case is appealed in the High Court of Bombay which elaborately dealt with the case of all legalistic intricacies involved in the case and acquitted him in the UAPA case . However the Maharashtra government rushed to Supreme Court within hours of Bombay High Courts ’ decision in order to prevent his actual release from Nagpur central jail . Accordingly the Supreme Court ‘ pleased ’ to hear the appeal on the very next day in ‘ special hearing ’ and suspended the Bombay High Court decision to discharge G . N . Saibaba in the case of UAPA , with an unwarranted expeditiousness and extraordinary zeal .
For all these 75 years with the so-called independence of our country the people have never seen such an extraordinary zeal and abnormal speed shown by the Supreme Court in dealing with the cases involved with the people ’ s interests at large .
They have experienced how the Supreme Court could not come for the rescue of people and remained mute when the internal emergency was imposed , gobbling up all the fundamental rights of people without any recourse .
They have seen how the Supreme Court was looking the other way , when the Hindutva forces have vandalised and demolished the Babri Mazid creating an eternal division and hatred among people of this country between Muslim and Hindu communities .
They have seen how the Supreme Court could not render justice to the victims of Bhopal industrial disaster created by Union Carbide Corporation and unable to punish the perpetrators of such a big industrial disaster in the history and not even was able to extradict and arrest the chairman of UCC who was wholly responsible for the criminal negligence and culpability for causing such a disaster .
They have seen how , the Supreme Court had permitted the Italian Mariners who killed the fishermen of Kerala in our sea waters and how it was unable to implement their promised return to our country to the Supreme Court and make them face the criminal trial against them in India , and permitted to close the case .
Bulletin of the Central Committee of CPI ( ML )