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 12:12 PM IST

      Basant : Please do not suspend the order, please see his state of health. I have been in prison for 7 years. My health is deteriorating. Let me preserve my health. 

    • 15 Oct 2022 12:11 PM IST

      Basant : Most states say a retired High Court judge must preside the review committee. Unfortunately, Maharashtra does not.

    • 15 Oct 2022 12:11 PM IST

      Basant : High Court considers distinction between sanction under 197, PC Act, TADA. Court says prosecution under UAPA is a different ball game. 

    • 15 Oct 2022 12:09 PM IST

      Basant : I was granted bail during trial by this court. 465 will not cover want of sanction, error in sanction may be covered. I will request my learned brother to consider if it is worthwhile or fair to oppose.

    • 15 Oct 2022 12:08 PM IST

      Justice Trivedi : According to Section 386 CrPC, appellate court can acquit only after reversing the findings of the trial court.

    • 15 Oct 2022 12:08 PM IST

      Justice Shah : You are not acquitted on merits. You are discharged.

    • 15 Oct 2022 12:08 PM IST

      Basant : In Maharashtra, the head of Prosecution is the sanctioning authority. According to me, it is a betrayal of statutory provision. According to me, High Court has not committed any error. Such is the importance of sanction under UAPA. I have a good case.

    • 15 Oct 2022 12:04 PM IST

      Basant : So far as UAPA is concerned, the sanctioning authority has to consider whether they are to be prosecuted under this Act. The nature and effect of sanction under 45 UAPA must be seen.

    • 15 Oct 2022 12:04 PM IST

      Basant : My medical condition is such, twice I was granted bail by HC and this court. Some interesting questions are there. 465 is their trump card. But see, 465 talks about error or irregularity of sanction, not absence of sanction. So far as I am concerned, there is no sanction

    • 15 Oct 2022 12:03 PM IST

      Basant : I take your lordship's point about brain..

      Justice Shah : It was not on this case.

      Basant : When I am discharged, kindly do not send me back to prison. Any conditions be imposed. It is a case of life and health for him.

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