Saibaba’s Death is a Sad Commentary on Our Criminal Justice System: NPRD

New Delhi: The National Platform for the Rights of the Disabled (NPRD), while expressing “deep shock and profound anguish” at the untimely death of Dr. G N Saibaba, said it was a “sad commentary” on the criminal justice system in India.

Saibaba, who was over 90% disabled, was incarcerated for 10 years under draconian anti-terror laws on false allegations. He was released on bail after a prolonged legal battle. A popular and respected professor in Delhi University, Saibaba was suspended and was engaged in another legal battle to get back his job with dignity. He died on Saturday in Hyderabad after complications following a gall bladder surgery.

 In a statement, NPRD said, “The torture consequent to the denial of treatment and the severe hardship that he was subjected to in jail had a devastating impact on his health and he was a wreck by the time he was released, which ultimately cost his life. “

Read the full statement below:

The National Platform for the Rights of the Disabled expresses deep shock and profound anguish at the untimely death of Dr. G N Saibaba.

It was just a few months ago that he was released after being incarcerated for ten long years. He was implicated in false cases and had to continuously wage legal battles before finally being acquitted by the Bombay High Court. Unfortunately, it was a freedom that was short-lived.

A person with disability, Saibaba had certain pre-existing health conditions. The long incarceration led to some of these issues getting complicated and addition of newer ones. Apart from polio which had affected both his legs, he also had progressive and incurable conditions of the spine and nervous system. One of his arms had also stopped functioning due to injuries inflicted during his arrest by the police and other because of denial of appropriate medical treatment in the Nagpur jail where he was lodged in the notorious anda cell in unhygienic conditions. 

When he was hospitalised in Delhi in February 2017, while on bail, he was diagnosed with acute pancreatitis and impacted gall bladder-stones, for which he was advised immediate surgery. Despite his repeated requests for being released on bail or parole to get treatment and operated for gall bladder stones, it was denied, even while hardened criminals, murderers and rapists were granted bail or parole. It is a sad commentary on our criminal justice system. It needs recall that Stan Swamy died while in custody. 

The NPRD had repeatedly been protesting against his arrest and the conditions under which he was kept in prison and pointing out how they are violative of his right to life, dignity, equality, protection of torture, cruel, inhuman and degrading treatment, non-discrimination including denial of reasonable accommodation and the right to health. These we had pointed militated against various international treaties that India is signatory to as also domestic laws and those specific to persons with disabilities.

The torture consequent to the denial of treatment and the severe hardship that he was subjected to in jail had a devastating impact on his health and he was a wreck by the time he was released, which ultimately cost his life. 

The NPRD salutes Saibaba who was a fighter for the poor, the marginalized and the downtrodden.  He fought against injustice and the cruelty of the system. 

His departure at this juncture is a great loss. The NPRD conveys its heartfelt condolences to his wife Vasantha, his daughter Manjeera and other members of his family. 

Muralidharan

General Secretary, NPRD.