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 11:41 AM IST

      Justice Shah : Whether in the absence of any objection regarding sanction, subsequently whether it is permissible. And second, if it is not there, what will be the impact on judgment on merits. This is a question to be considered.

    • 15 Oct 2022 11:41 AM IST

      Justice Shah : Another thing, in the entire 313 statement, the question of sanction was put to you, but except saying you are falsely implicated, you did not raise.

      Basant : Sanction was there, factually I cannot dispute that.

    • 15 Oct 2022 11:40 AM IST

      Basant : No application was made. But at the stage of cross-examination, this plea was raised.

    • 15 Oct 2022 11:40 AM IST

      Justice Shah : We are asking was any specific indpendent objection raised by you during trial regarding sanction. Yes or No? A simple question.

      Basant : Yes.

      J Shah : Show us that, if any application was made.

    • 15 Oct 2022 11:40 AM IST

      Basant : 21.02.2015 is the date of framing of charges against all accused. Sanction against accused 6 was obtained on 06.04.2015.

    • 15 Oct 2022 11:38 AM IST

      Sr. R Basant for Accused 6 (Saibaba): On date of cognisance or on date of framing charge, there was no sanction.

    • 15 Oct 2022 11:37 AM IST

      Justice Shah: what is the position as on today?

      SG: All are in jail. Accused no. 2 have expired pending trial. Rest are in jail.

    • 15 Oct 2022 11:37 AM IST

      Justice Shah : High Court has also referred to some observations of trial court but has not considered them.

      SG : Trial Court has said it is a very serious offence.

    • 15 Oct 2022 11:37 AM IST

      SG : This is not an order of acquittal but an order of discharge. It will be an order of acquittal if merits is considered. So, the parameters of appeal are different

    • 15 Oct 2022 11:35 AM IST

      SG : Accused one to five are the foot soldiers. Accused 6 (Saibaba) is the master mind. When sanction was granted for 1 to 5, role of accused 6 was also considered.

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