Friday, 25 December 2015

Grave Injustice to Prof. Saibaba

My email correspondence with Prof. Saibaba's wife Vasantha. I have taken her permission to post it on fb

Respected Justice Katju,

I just read your mail. I read your article and I am circulating it with everyone. I am really touched by this gesture of yours to reach out to me. I write this letter to you in great pain and distress. Today Saibaba had to leave for Nagpur jail once again. We were shocked to hear the order and it gave us no time for taking further legal recourse in Supreme Court as the Christmas vacations started. He has gone back to prison today.

As you might be aware, Saibaba was suffering from multiple ailments after his 14 month long stay in the prison. He had developed severe problems in multiple organs like heart, spinal cord, kidney, liver and gall bladder and his left arm which was well functioning before he went to prison, became completely paralysed owing to gradual muscle death. He was in the middle of the treatment when this judgment forced him back to prison. He was taking regular treatment and physiotherapy in Indian Institute of Spinal Injuries. The treatment that he was taking there is unique and is not available in any other institution in the entire country. This sudden discontinuation of his treatment is going to affect his health severely. I am particularly concerned that the process of regeneration of his muscles in the left hand, that had slowly started after long treatment and physiotherapy, will reverse once again. As you know Saibaba is 90% disabled and is wheel chair bound. His legs are dysfunctional and he is heavily dependent on the use of his arms. The anda cell of Nagpur Prison where he was lodged during his prison term is the most hostile place for anyone to be. Saibaba particularly with his disability finds it extremely difficult to stay in the anda cell. Moreover, the prison authorities do not allow him assistants. Saibaba has to do everything from going to toilet or washing his clothes on his own. Moreover, the anda cell is an open space which becomes unbearably cold in the winter. Because of his disabilities Saibaba’s muscles suffer anyway in the winter. His fingers and toes have a tendency to get bent in extreme cold, which further restricts his mobility. Taking all this into consideration I am extremely worried that the current incarceration will affect Saibaba’s health beyond recuperation.
Saibaba has been witch hunted and framed because of his political beliefs. The trial of the case that has been slapped on him under UAPA is going on very slowly. Five other accused in the same case have all been granted regular bail whereas he is being imprisoned without even bail, despite his medical conditions and disability. I hope in the long run justice will prevail and we shall win the case against this baseless framing and slapping of bogus charges on him, but I am worried that irreparable damage will be done to Saibaba’s body in the mean time.  

I am in consultation with senior lawyers who are working on Saibaba’s petition in the Supreme Court. But even filing the petition and subsequent hearing on it will take a month’s time. In the mean time I wonder what options are left to me to ensure Saibaba gets his medical treatment. Our experiences with the Nagpur prison authorities so far have been pathetic. They had blatantly flouted even court orders that instructed them to give Saibaba requisite treatment and in January we actually had to file a contempt of court to ensure his treatment. 

I am appealing to you to intervene in whichever capacity  possible, to minimise the unjust ordeal that Saibaba is being subject to right now. May be a few prominent citizens like yourself can go and meet the Home Ministry in a delegation and pressurise them to bring Saibaba back for his treatment. I shall deliberate with you further the possibilities of such programs.

I once again thank you wholeheartedly for showing your concern.

p.s. I am attaching you the copy of the Court orders.

On 25 December 2015 at 14:30, Markandey Katju <> wrote:
Dear Madam,
 I am a retired Judge of the Supreme Court of India, who believes that grave injustice has been done to your husband. I want to be of help in any way he or you want.

 I have written an article about the recent developments, which has been published on the website and on my facebook page. 

I am sending the same herewith
Every moment of Prof. Saibaba's detention on trumped up charges is a flagrant violation of our civil liberties guaranteed by the Fundamental Rights in Part 3 of our Constitution 

 The order denying him bail must be challenged in the Supreme Court, and I am prepared to give all help in this connection.

 Please contact me on my landline ---- or mobile -----
 Justice Katju

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