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

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15 Oct 2022 5:18 AM GMT

  • 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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    • 15 Oct 2022 7:05 AM GMT

      Bench continues dictation on reasons : 1)Accused were convicted after detailed appreciation of evidence. 2)Offences are very serious.

      3)If State succeeds on merits, offences are very serious against the interest of the society, sovereignty and integrity of India.

    • 15 Oct 2022 7:03 AM GMT

      SG makes an intervention: This request of house arrest is coming frequently from naxals, from Urban Naxals, these days you can plan the crimes within the house..I am sorry

      Basant : I am on a humanitarian plea.

      SG :Isolation in prison is only condition for UAPA

    • 15 Oct 2022 7:02 AM GMT

      #BREAKING Bench : We are of the opinion it is a fit case to suspend the impugned judgment and order of the High Court.

    • 15 Oct 2022 7:01 AM GMT

      Bench recording Basant's submissions regarding 437A bond and his willingness to undergo additional conditions including house arrest etc.

    • 15 Oct 2022 7:00 AM GMT

      Bench : it is prayed to suspend the impugned judgment and order of HC. R Basant has submitted that accused no.6 is aged 55 yrs, he was a Professor at University, he has a family in Delhi, his medical condition is such, he is on wheel chair...

    • 15 Oct 2022 6:57 AM GMT

      Bench : On merits, SG submitted that looking to the seriousness and gravity of the offence and when this court is prima facie is of the opinion that detailed scrutiny is required and when HC has not considered the merits and that during the pendency of appeal accused were in jail

    • 15 Oct 2022 6:56 AM GMT

      Bench : It is not in dispute that even considering Section 319 CrPC and the decision of this court in the case of 1976(3) SCC 1 the appellate court in an appeal against acquittal, can suspend the order of acquittal/discharge. Therefore, this court can suspend the HC order

    • 15 Oct 2022 6:56 AM GMT

      Bench : Aforesaid are broad questions. Next question is whether the impugned judgment and order of the HC discharging the accused is required to be suspended at this stage.

    • 15 Oct 2022 6:56 AM GMT

      Bench : 3) What will be consequences of not raising the dispute with respect to sanction during the trial and thereafter permitting to trial court to proceed further despite the opportunities given to accused?

    • 15 Oct 2022 6:55 AM GMT

      Bench : 2) In a case where the trial court has convicted the accused on merits, whether the appellate court is justified in discharging accused on the ground of want of sanction, particularly when objection wrt no sanction was not raised specifically during the trial?

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