Democratic Teachers Network

Hyderabad

5th March 2015

PRESS NOTE

RELEASE Dr. G.N. SAIBABA

Dr G N Saibaba, Prof. in English, Delhi University, had been arrested under the Unlawful Activities
Prevention Act (UAPA) in May 2014 on charges of being a Maoist and continues to languish in solitary
confinement in Nagpur Central Jail. Dr. Saibaba suffers from 90% disability and post-polio residual paralysis
of both lower limbs. This longstanding medical condition has led to a deterioration of the spine, severe
muscle atrophy and constant pain.
The bail applications that were made for Dr G N Saibaba at the Sessions Court and at the High Court
highlighted the medical situation. Yet he was denied bail. The civil court could have exercised its discretion
under the Provison of Section 437 of the CrPC to award bail to him at the time of production before the
Metropolitan Magistrate at Aheri, instead of remanding him to further custody. Further, Dr. Saibaba should
have been granted bail immediately based on United Nations Convention on the Rights of Persons with
Disabilities (UNCRPD) in which India in one of the signatory countries. Article 15(1) and 15(2) of the
UNCRPD puts an obligation on the state to protect persons with disabilities from cruel degrading or
inhuman treatment and punishment. It says, States Parties shall take all effective legislative,
administrative, judicial or other measures to prevent persons with disabilities.... However, the courts
rejected the bail applications. Given this, the rejection of bail and the continued ill-treatment within
custody are cause for grave concern. Dr Saibabas health has been steadily deteriorating in jail. His joints
are now substantially swollen from stress, undue exertion and lack of medication. High blood pressure
causes him to haemorrhage from his ears and the dangers of cardiac arrest intensify daily. He suffers from
constant intense back, spinal and joint pains. The situation worsens in light of the denial of
medication, solitary confinement, the highly unsanitary conditions and inadequate facilities. The curved
walls of his cell and his exposure to the weather and extreme temperatures from the open grills in the
ceiling and the grill door have put severe mental and physical stress on him.
Prior to the bail hearing, the jail authorities had submitted a false report stating that Saibaba was under
regular medication and had a balanced diet. After filing this report they administered some ineffective
painkillers and a protein mix to improve his condition in case he was presented in court. Even these
painkillers were stopped immediately after the hearing. The state has concealed his willingness to
cooperate and buried his credentials as a permanent faculty at Delhi University and a highly regarded
teacher and scholar, in the attempt to designate him a Maoist. It has become evident that the rejection of
bail was the result of the concerted campaign that was conducted by police and intelligence agencies,
especially in Maharashtra and the Maharashtra press, against the release of Dr Saibaba. This campaign of
misinformation continues unabated. The actions of the state have been characterised by malafide, which
includes frivolous charges and an unconscionable delay in all matters.
Meanwhile the Delhi University served suspension orders, in addition to eviction order of his residence
quarters. His family is facing physical and mental agony.
In light of the above and his deteriorating health, the rejection of his bail application is very troubling: we
apprehend that Saibaba may not survive his jail confinement. Under the circumstances, it is vital that he
be released on bail before he suffers from some fatal medical problem in jail. Saibaba has recently written
saying that when he is well enough, he keeps himself busy translating and teaching his co-prisoners
English. The teacher and scholar in him remain alive, even while his person remains in jeopardy. We

demand
Immediate and unconditional release of Dr. G.N. Saibaba.
Proper treatment and medication
Withdraw false cases foisted on him
Prof. Anand Teltumbe

Prof. G. Laxman

Prof. Chakradhar Rao

Prof. Harjinder Singh

Dr. Vara Vara Rao

K. Ravichander

Dr. Thadhagath

Dr. Kaveri Indira