Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
Bench continues dictation on reasons : 1)Accused were convicted after detailed appreciation of evidence. 2)Offences are very serious.
3)If State succeeds on merits, offences are very serious against the interest of the society, sovereignty and integrity of India.
SG makes an intervention: This request of house arrest is coming frequently from naxals, from Urban Naxals, these days you can plan the crimes within the house..I am sorry
Basant : I am on a humanitarian plea.
SG :Isolation in prison is only condition for UAPA
#BREAKING Bench : We are of the opinion it is a fit case to suspend the impugned judgment and order of the High Court.
Bench recording Basant's submissions regarding 437A bond and his willingness to undergo additional conditions including house arrest etc.
Bench : it is prayed to suspend the impugned judgment and order of HC. R Basant has submitted that accused no.6 is aged 55 yrs, he was a Professor at University, he has a family in Delhi, his medical condition is such, he is on wheel chair...
Bench : On merits, SG submitted that looking to the seriousness and gravity of the offence and when this court is prima facie is of the opinion that detailed scrutiny is required and when HC has not considered the merits and that during the pendency of appeal accused were in jail
Bench : It is not in dispute that even considering Section 319 CrPC and the decision of this court in the case of 1976(3) SCC 1 the appellate court in an appeal against acquittal, can suspend the order of acquittal/discharge. Therefore, this court can suspend the HC order
Bench : Aforesaid are broad questions. Next question is whether the impugned judgment and order of the HC discharging the accused is required to be suspended at this stage.
Bench : 3) What will be consequences of not raising the dispute with respect to sanction during the trial and thereafter permitting to trial court to proceed further despite the opportunities given to accused?
Bench : 2) In a case where the trial court has convicted the accused on merits, whether the appellate court is justified in discharging accused on the ground of want of sanction, particularly when objection wrt no sanction was not raised specifically during the trial?