'The prosecution has failed to establish the seizure of incriminating material from the house search of G.N. Saibaba," the judges said. "The prosecution has also failed to prove the electronic evidence in terms of the provisions of the Indian Evidence Act, and the Information Technology Act."
In its detailed judgment acquitting former Delhi University professor G.N. Saibaba and five others of ‘terrorism’ charges, the Nagpur bench of the Bombay high court has virtually shredded the state’s case against the six to pieces. Noting that fatal violations occurred in the manner in which sanction to prosecute was granted – a key statutory safeguard in India’s otherwise draconian terrorism law – the court also rejected key claims made by the prosecution in the case, noting that they were not supported by evidence.
06/03/2024