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

Basant : Please do not suspend the order, please see his state of health. I have been in prison for 7 years. My health is deteriorating. Let me preserve my health. 

Basant : Most states say a retired High Court judge must preside the review committee. Unfortunately, Maharashtra does not.

Basant : High Court considers distinction between sanction under 197, PC Act, TADA. Court says prosecution under UAPA is a different ball game. 

Basant : I was granted bail during trial by this court. 465 will not cover want of sanction, error in sanction may be covered. I will request my learned brother to consider if it is worthwhile or fair to oppose.

Justice Trivedi : According to Section 386 CrPC, appellate court can acquit only after reversing the findings of the trial court.

Justice Shah : You are not acquitted on merits. You are discharged.

Basant : In Maharashtra, the head of Prosecution is the sanctioning authority. According to me, it is a betrayal of statutory provision. According to me, High Court has not committed any error. Such is the importance of sanction under UAPA. I have a good case.

Basant : So far as UAPA is concerned, the sanctioning authority has to consider whether they are to be prosecuted under this Act. The nature and effect of sanction under 45 UAPA must be seen.

Basant : My medical condition is such, twice I was granted bail by HC and this court. Some interesting questions are there. 465 is their trump card. But see, 465 talks about error or irregularity of sanction, not absence of sanction. So far as I am concerned, there is no sanction

Basant : I take your lordship's point about brain..

Justice Shah : It was not on this case.

Basant : When I am discharged, kindly do not send me back to prison. Any conditions be imposed. It is a case of life and health for him.