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 11:16 AM IST

      SG refers to Section 465 Code of Criminal Procedure to state irregularities in sanction for prosecution will not vitiate trial.

    • 15 Oct 2022 11:16 AM IST

      SG : The facts are very very disturbing, supporting call for arms in Jammu and Kashmir, supporting overthrowing Parliament, arranging meetings with Naxalites, attacking our security forces etc.

    • 15 Oct 2022 11:14 AM IST

      SG : The purpose of sanction is to ensure at threshold that a person is not put to vexatious trial. This is not a vexatious trial. If after a full fledged trial persons are found guilty, there is no vexatious trial.

    • 15 Oct 2022 11:13 AM IST

      SG : High Court takes support of TADA, which clearly states notwithstanding anything in CrPC, sanction is mandatory.

    • 15 Oct 2022 11:13 AM IST

      SG : This is a trial under UAPA where CrPC applies, whereby the rigours of Section 465 CrPC which states mere irregularity in sanction is not a ground for acquittal.

    • 15 Oct 2022 11:12 AM IST

      SG : There are 6 accused. So far as accused 1 to 5 accused, the contention was that the sanction is not proper. So far as accused 6(Saibaba) is concerned, he did not raise the ground of sanction at trial and was raised at appellate stage.

    • 15 Oct 2022 11:12 AM IST

      Bench assembles.

      SG : The impugned order discharging the accused is only on one ground. Not on merits. 

    • 15 Oct 2022 11:04 AM IST

      Bench is yet to assemble.

      Solicitor General Tushar Mehta is in the court.

      Senior Advocate R Basant also seen inside the court (likely to appear for respondents).

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