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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