GN Saibaba case

A prominent literary and philosophical figure of the 20th century brought about the concept of Kafkaesque. Kafkaesque is used to describe the bureaucratic nature of capitalistic judiciary and government systems. The system where no individual has a grasp of what is going on and the system does not care.

In his novel, The Trial, Joseph K, the protagonist was arrested from his home and the long absurd trial he is subjected to doesn't make sense. The trial is full of corruption and disorderliness and finally he is guilty of his final conviction. Hmm, that does ring a bell. But thankfully, the protagonist of our story today does not face the conviction.

GN Saibaba is out of jail after 10 years after facing charges under the sections of the draconian POTA turned UAP Act. This DU professor, who used to teach English, was arrested by Maharashtra police for suspected Maoist links and later sentenced to life imprisonment in 2017. It is alleged that Saibaba and 2 others were accused to be in possession of Naxal literature with the intent and purpose of circulation amongst underground Naxalites and residents of the districts with the aim to incite the people to resort to violence. The courts found out that the prosecution has failed to link the accused with specific acts of violence or terrorism which is essential to convict a person under the anti terrorism law.

But why did the Government rush to the Supreme Court to ensure that GN Saibaba was not released from prison citing the gravity of the crime it had charged him with. Is it the state's job to worry about the charge?

In the world of Kafka, these notions are a close mimic of an ant colony. Where individuals are sacrificed for the “good” of the nation. Maybe to serve the leaders of the dystopia?

In Saibaba’s poem, written inside the confines, he says, “How painful to talk across the window of surveillance over the daggers hanging on my head from behind seeking to stab our hearts brutally in cold blood”

Whether you are enjoying this on a phone or laptop, someone might be watching. Joseph K is always being watched by someone. In the Novel by George Orwell, 1984, there is a concept of the Big Brother is Watching you. The term Big Brother has come to signify government control of and intrusion into individual lives.

DR. SHASHI THAROOR who introduced a bill in 2022 to repeal the UAPA said that it has opened the door to a gross abuse of power. Interfering with the privacy and liberty of individuals, the UAPA contravenes constitutionally mandated provisions which protect against arbitrary or unlawful interference with a person’s privacy. The Act also allows for searches, seizures, and arrests based on the “personal knowledge” of the police without written validation from a superior judicial authority.

Potential Terrorism- Without substantial evidence

Justice DY Chandrachud, amongst other judges have expressed concern over the UAPA and its potential for misuse and wrongful incarceration.

For example, when talking about “terrorist theory”. What kind of literature is “terrorist literature”, what “theories” influence young minds, and what kind of “propaganda” is perceived to be a “terrorist act” are concepts which are ill-defined and easily misused

‘Potential Terrorism’ is a term that violates the principle of proportionality in punishment.

It is said that UAPA is not able to create an appropriate balance between national security concerns and individual rights.

Conviction rate

While there is an increasing rate of people put behind bars for this, the conviction rate is a meager 2.4%.

Process as Punishment- Jail without Bail

This act can potentially lead to arbitrary arrests and prolonged detention without trial where the law is criticized for making the process itself a punishment. Is it a Grave miscarriages of justice? You decide

It is a weapon to keep people entangled in the legal system and place people in jails for as long as the state wants. The law has undergone five amendments, with each modification making it more stringent. As Shashi Tharoor says, such a law, which is a weapon of misuse and abuse, has no place in a democracy. It is, therefore, important to repeal this legislation.

As GN Saibaba says, “Perhaps, the entire world knew that the case was a fabricated case even 10 years ago”

The ambiguous nature of the sections allows law enforcement to detain individuals for extended periods without requiring substantial proof, putting them in an agonizing legal limbo. Resulting in them languishing in detention for years, often without access to bail.

“The imbalance between fundamental freedoms and the larger interests of the State is heavily skewed against the citizen. The State uses the law as an instrument of oppression, making democracy its victim”- Kapil Sibal is a former Union Cabinet minister and senior Congress leader.

In conclusion, the Law which was initially designed to curb dissent morphed into anti terror law, where individuals were arrested under flimsy instances even because they were present at the wrong place at the wrong time.

It is all that is needed by the governments, both center and state to put people in jail whom they don’t like. Till then the investigative agencies can then take their sweet time to collect evidence and file actual charges against them. Meanwhile, they can rot in jail without any recourse.

Since the whims of a state were entertained for a decade, the justice delayed is justice denied for our protagonist. With him facing several medical challenges, seeing his co-accused die in prison due to lack of medical attention, being denied bail to visit his dying mother, facing a delay of 2 days in releasing him as the order was delayed due to the dysfunctional internet in the digital india and several other challenges, we are brought back to the kafkaesque situation observing how any human can deteriorate into a state of neurosis by a simple change of fate. They can’t possibly understand and control any of it. And in the confrontation with the absurd, success is impossible and pointless. Today, I am alive before you but my organs are failing me,” said Saibaba

His tale proves that while the authorities have their resources, individuals have their wits and persistence. But the question we have to ask ourselves is, do those on the outside ever think of those on the inside?