Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against conviction and...
The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.
A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sitting
On Friday, the Bombay High Court had allowed their appeals against conviction and life sentence imposed under the anti-terror law UAPA. On the same day, in the evening, the SLP assailing the said order was mentioned before the Bench comprising Justices D.Y. Chandrachud and Hima Kohli by Solicitor General, Mr. Tushar Mehta for early listing. He, orally, sought for a stay on the order of the Bombay High Court in the interim. Reluctant to grant stay of operation of an order of acquittal, the Bench, at the request of the SG granted him liberty to file an application for administrative decision of the CJI, Justice UU Lalit to list the matter on Saturday (today).
While acquitting the respondents herein, the Bombay High Court held that the trial was null and void as valid sanction as required under Section 45 of the UAPA was not obtained. The Court observed that procedural safeguards cannot be sacrificed at the altar of a "perceived peril to national security".
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Bench : For reasons stated above the impugned judgment and order of HC is suspended till further orders. Counter if any to be filed on behalf of A6 within a period of 4 weeks. Counter if any on behalf of other accused to be filed within 4 weeks of receipt of notice.
Basant request the bench to remove the observations regarding denial of house arrest.
At the request of R. Basant, Bench to stenographer: Yeah house arrest wala nikal do.
Basant : My right to seek bail be not foreclosed.
Justice Shah : We have not observed anything on that..
#BREAKING Supreme Court stays release of Professor GN Saibaba and four others who were discharged by the Bombay High Court yesterday in UAPA Case.
Bench : So far as the prayer made by Basant appearing for A6 that he may be confined to house arrest, the same cannot be accepted at least at this stage when more particularly when accused was already convicted by trial court.
#BREAKING Bench : We are of the firm opinion that the impugned judgment of the High Court is required to be suspended.
Bench : In the recent order 28.07.2020, while considering the request of A6 to release him on bail on medical ground during pendency of appeal, same was rejected by HC by detailed order. The medical ground also was considered
Bench : So far as prayer of A6 to not suspend the order and the reliance placed on some observation of this court in order dated.., it is required to be noted that the observations made by this court were prior to the accused were convicted.
Bench : So far as Accused 6 is concerned, A6 is discharged on the ground that there was no sanction. The same question is required to be considered in detail.
Bench : High Court has not considered the merits. HC has discharged the accused only on the ground that sanction was invalid and some material which was placed before the appropriate authority and sanction was granted on the same day.