Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

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15 Oct 2022 10:48 AM IST

  • Plea Against Professor Saibabas 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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    Live Updates

    • 15 Oct 2022 12:23 PM IST

      Bench : The following important questions of law and facts arise : 1) Whether considering Section 465 CrPC, after the accused is convicted on merits, whether the appellate court is justified in discharging accused on the ground of irregular sanction?

    • 15 Oct 2022 12:21 PM IST

      Bench : Even according to accused no.6, the appeals were argued on merits. HC has not entered into the merits of the case and considered anything on the merits of the conviction. Thus it cannot be disputed that while discharging, the HC has not gone into the merits of the case

    • 15 Oct 2022 12:21 PM IST

      Bench : ...on the part of the sanctioning /review authority, as no reasons were assigned while granting sanction. Accused 6 was discharged on the ground that at the time of cognizance or framing charge there was no sanction.

    • 15 Oct 2022 12:19 PM IST

      Bench dictating order : By the impugned judgment and order, HC has discharged the accused no 1 to 5(except accused 2 who died during pendency) on the ground that the sanction to prosecute those accused was vitiated and was invalid sanction as there was non-application of mind

    • 15 Oct 2022 12:18 PM IST

      Bench dictating order : At the outset, it is to be noted that the learned trial court by detailed order convicted the accused under Sec 13/18 UAPA and 120B IPC.

    • 15 Oct 2022 12:17 PM IST

      Bench dictating order.

    • 15 Oct 2022 12:15 PM IST

      SG : Can the High Court merely say this without recording miscarriage of justice?

    • 15 Oct 2022 12:14 PM IST

      SG : It is not correct to say it is a case of absence of sanction. It is a case of delayed sanction. So it is a case of irregularity of sanction.

      Justice Shah : His submission is that 465 deals with irregularity of sanction at the time of congizance.

    • 15 Oct 2022 12:13 PM IST

      SG points out that the High Court had noted while rejecting bail that his application did not specify medical grounds and in any event, the Prison authorities were giving medical treatment.

    • 15 Oct 2022 12:12 PM IST

      SG refers to the HC order refusing him bail after his conviction.

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