Prof G N Saibaba is dying in the Taloja prison in Mumbai. During her recent visit to Punjab, his wife -Vasanti, who has been his life-long companion in thick and thin, told human rights activists and media, “My husband told me that I should not be surprised if I receive the news that like Stan Swamy, I have passed away in the four walls of the prison.” Devinder Pal Singh Bhullar’s wife Navneet Kaur fights back tears while announcing protests against the AAP party leaders in Punjab for obstructing her husband’s release. Maya Kodnani’s family and the extended family of BJP and RSS are elated that though sentenced for 28 years, she was able to obtain her release in 2 years. Political activist, commentator and former banker Prabhdial Singh Saini examines the three cases and exposes the weaknesses of the Indian legal system -clearly veering off towards politically-motivated justice.

ALL PLEAS ON LEGAL, HUMANITARIAN AND MEDICAL GROUND FOR PROF. SAIBABA have been dismissed by an inhumane legal system. He has been convicted on the basis of a confession under duress, with the due process thrown to the winds by the judiciary at all levels. He is one of the many other political activists incarcerated there and who qualify to be prisoners of conscience, as they have been imprisoned for their political views rather than any criminal activity evidence.

Born in a poor peasant family and incapacitated from waist-down due to polio from the age of five, since in prison, he can barely use his hands and limbs and requires two or more helpers for his daily personal activities. 

The gutsy Saibaba overcame his disability and became a well-respected Professor of English at the Delhi University. Though a very popular teacher amongst students and the faculty, he was dismissed as a teacher from the Ram Lal Anand College of Delhi University in April 2021.

Arrested in May 2014,  he was convicted for his links with the extreme left, under “waging war” and “unlawful activities.” A staunch resistance activist, he participated in the parallel World Social Forum and became a part of the International League of People’s Struggle. He was a prominent voice in the campaign against Operation Green Hunt. 

Though sentenced to life imprisonment in March 2017 under Sections 13, 18, 20, 38 and 39 of UAPA and Section 120-B of the Indian Penal Code for connections with the banned Revolutionary Democratic Front (RDF), Saibaba denied the charges. 

Significantly, on 30 April 2020, a panel of experts with the United Nations OHCHR called on the Indian government urging the authorities to immediately release G.N. Saibaba, due to his seriously deteriorating health. On 28 July 2020, the Bombay High Court rejected Saibaba’s 45-day medical bail petition. He was denied permission to visit his 74-year old mother who died of cancer, and after she passed away, he was denied to participate in her funeral rituals. 

Defying all logic, denying all rights, ignoring all pleas, Saibaba and many of his associates continue to be denied bail.

Defying all logic, denying all rights, ignoring all pleas, Saibaba and many of his associates continue to be denied bail, though rulings of the apex court of the land uphold bail not jail as a practice for prisoners. All courts seem to have become totally inhuman.

Now move to Dr Maya Kodnani, who was a minister in the cabinet of Narendra Modi, when he was the Chief Minister of Gujarat.  Convicted for the murder of 98 innocent people, out of which 32 were women and 34 were children, due to her close proximity with RSS and the BJP higher-ups.

Dr Maya Kodnani was a minister in the cabinet of Narendra Modi in Gujarat, when she was convicted for the murder of 98 innocent people -32 women, 34 children and others male. Sentenced to 28 years in prison, she walked free in two years.

Based on the evidence provided by the Special Investigation Team, in August 2012, the court ordered her to be incarcerated in prison for 28 years.  

Though convicted by the court, very soon her first bail for 3 months was granted by the Supreme Court. Followed by the next one for 6 months..!! Since there was no point in shuffling her between home and jail, the generous Gujarat High Court granted her bail on medical grounds and suspended her sentence in July 2014 barely two years after her conviction, of which she spent more time outside jail than inside the jail!

Isn’t it the worst form of cruelty that such a person roams free? 

Take the flashback to Devinder Pal Singh Bhullar. Wrongfully extradited from Germany, convicted with a 2-1 judgement based on confession under duress in police custody, turning a mental wreck while in prison, transferred from Tihar, Delhi to Amritsar after a prolonged battle, he continues to be in prison even after spending 26 years in prison.  Now, though the government of India has granted remission on the occasion of 550 years of Guru Nanak’s birth anniversary, Delhi’s Kejriwal government is becoming a hindrance!

Though the government of India has granted remission on the occasion of 550 years of Guru Nanak’s birth anniversary, Delhi’s Kejriwal government is becoming a hindrance in the release of Devinder Pal Singh Bhullar

The tragedy is such that even quoting George Orwell’s “some are equal and some are more equal” sounds cliche.  Is justice purblind in this country?  Blind or selectively blind? Is the judiciary independent anymore or is it subservient to the Sangh Parivar in a rather pernicious way? 

The tales do not end with these three. There are many more for whom justice continues to be a mirage, while powerful culprits get away with murder! 

Ham Aah Bhi Bharte Hain Tohn Ho Jaate Hain Badnam, Woh Katl Bhi Karte Hain, Tohn Charcha Nahi Hota -WE take a deep sigh and are defamed, THEY murder without a murmur!!