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

LIVELAW NEWS NETWORK

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 12:03 PM IST

      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.

    • 15 Oct 2022 12:02 PM IST

      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. 

    • 15 Oct 2022 12:02 PM IST

      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. 

    • 15 Oct 2022 11:59 AM IST

      Basant : Bail was granted twice, not once I have abused the conditions of bail. Till the chargesheet was filed, I was not arrested.

    • 15 Oct 2022 11:58 AM IST

      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.

    • 15 Oct 2022 11:56 AM IST

      Basant refers to the order of Bombay High Court granting him bail in which his medical conditions were mentioned.

    • 15 Oct 2022 11:56 AM IST

      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.

    • 15 Oct 2022 11:54 AM IST

      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.

    • 15 Oct 2022 11:54 AM IST

      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. 

    • 15 Oct 2022 11:53 AM IST

      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.

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