Supreme Court Turns Down Maharashtra Govt's Oral Plea To Stay Discharge Of Prof GN Saibaba & Others In UAPA Case

The Supreme Court, on Friday, granted permission to Solicitor General, Tushar Mehta, appearing for the State of Maharashtra to move an application before the Supreme Court Registry for early listing of plea challenging acquittal of former Delhi University professor G N Saibaba in alleged Maoist links case. "The SLP has been mentioned before this court because Hon'ble CJI has risen for the day. Mr Mehta, SG states that he would be moving an application before Registry for seeking administrative directions of the Hon'ble CJI for earlier listing tomorrow."Mr. Mehta apprised the Bench comprising Justices D.Y. Chandrachud and Hima Kohli about the acquittal by the Bombay High Court and asserted that the offence committed by the acquitted person is 'serious in nature' and 'against the nation'. "It is a very very serious offence against the nation."He added that the acquittal was not on merits as such, but on the ground that requisite sanction was not sought by the prosecuting agency in the matter. Mr. Mehta beseeched the Apex Court to stay the order of acquittal and requested it to list the matter on Monday. "We have not lost on merit, it is on lack of sanction….No prejudice would be caused because he was already in jail."Refusing to stay the order of acquittal, Justice Chandrachud indicated that he can direct the Registry to list the matter on Monday. He was concerned, that even assuming notice is issued on Monday, it might not be possible to stay an order of acquittal. "He has got an order of acquittal in his favour. Even if we take it up on Monday, and assuming we issue notice we cannot stay the order."Mr. Mehta submitted - "Two days may not prejudice him. Courts are staying orders of acquittal. It is nothing exceptional"Today itself, the Bombay High Court (Nagpur Bench) has acquitted former Delhi University professor G N Saibaba and five others in alleged Maoist links case. The Court has allowed their appeals against conviction and life sentence imposed under the anti-terror law UAPA. The 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". Emphasising the importance of procedural compliances in cases of terrorism the bench observed that "departure from the due process of law fosters an ecosystem in which terrorism burgeons and provides fodder to vested interests whose singular agenda is to propagate false narratives." A division bench of Justice Rohit Deo and Anil Pansare of the Nagpur bench pronounced the verdict. One of the accused, Pandu Pora Narote, died in August 2022. Mahesh Tirki, Hem Keshwdatta Mishra, Prashant Rahi and Vijay Nan Tirki are the other accused. The court has ordered the immediate release of Sai Baba and the other accused. The appellants were represented by Pradeep Mandhyan, Barunkumar, H.P. Lingayat, Subodh Dharmadhikari Senior Counsel assisted by Nihalsingh Rathod. Siddharth Dave, Special Public Prosecutor-Senior Counsel and H.S. Chitaley, Assistant Special Public Prosecutor appeared for the State. Saibaba, who is bound by wheelchair due to post-polio paralysis, had earlier filed an application seeking suspension of sentence on medical grounds. He said that he is suffering from multiple ailments, including kidney and spinal cord problems. In 2019, the High Court rejected his application to suspend the sentence. They were sentenced to life by the Sessions Court at Gadchiroli, Maharashtra in March 2017 for offences under Sections 13, 18, 20, 38 and 39 of the UAPA and 120 B of the Indian Penal Code for alleged association with Revolutionary Democratic Front(RDF), which was alleged to be an affiliate of outlawed Maoist organization. The accused were arrested in 2014.Click Here To Read/Download Order

Supreme Court Turns Down Maharashtra Govt's Oral Plea To Stay Discharge Of Prof GN Saibaba & Others In UAPA Case

Sohini Chowdhury

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