Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
Basant: In Najeeb case, this court held that even in draconian laws, bail can be granted if Art 21 violation is there.
Justice Shah : You move an application for bail, we will consider.
Basant : I am on suspension of sentence.
Basant : My problem is, he is in wheelchair. There are no trained persons to help him to answer the calls of nature. Lay co-prisoners are helping him. Doctors say it is affecting him.
Basant : I am only trying to point out the circumstances that why I should not be detained in custody anymore. Already the bond under 437A is there. I can even be directed to remain in my house. I am a wheel chair bound person.
Basant : Bail was granted twice, not once I have abused the conditions of bail. Till the chargesheet was filed, I was not arrested.
Basant reads to the Supreme Court order which set aside HC order asking him to surrender - highlights the observations in the order regarding absence of antecedents and also his medical ailments.
Basant refers to the order of Bombay High Court granting him bail in which his medical conditions were mentioned.
Justice Shah: I am generally observing, not with respect to this specific case.
Basant : He was arrested in 2015, for over 7 years he has been under custody, except for the brief period where he was given bail on medical grounds.
Basant : SG says he was the brain, but there is nothing to show his involvement.
Justice Shah : So far as terrorist or Maoist activities are concerned, the brain is more dangerous. Direct involvement is not necessary.
Basant : There is no criminal antecedents whatsoever for him. He is leading a respectable life, may be ideologically inclined. There is nothing to show his involvement.
Basant : I am a person aged 55 years. Married person with family, 23 year old unmarried daughter. Professor at Delhi University. He is disabled to 90%. Paraplegic. He is having multiple other ailments which are judicially accepted. He is confined to his wheel chair. No dispute.