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

Justice Shah to Basant: You may have argued everything, but can the benefit of the mistake committed by the HC be given to the accused.

Justice Shah : We are finding a fault with the High Court for not entering the merits of the case and for finding a short cut to decide.

Basant : It was not a short-cut, it was a correct legal argument.

Basant : We have argued on full on merits. High Court only considers one aspect. Kindly see my plight, our incarceration will be prolonged.

Justice Shah : We are not finding fault with you, we are finding fault with the HC for not entering the merits of the case.

Basant : Therefore there is no need to suspend the impugned judgment now. I will execute the bond and be available before your lordship.

Basant : I draw your attention to Section 437A CrPC- Bond to require accused to appear before next appellate Court. See the HC order, 437A bond is demanded. Appellants are directed to execute bond under 437A. This means, my presence before this court is already secured

Justice Trivedi: The HC has acquitted on issue of sanction and without reversing the findings of the Trial Court. Kindly understand this.

Justice Shah to Basant : You can make that submission on the ground that the judgment need not be suspended.

Basant : I don't object to grant the leave, but please don't suspend the order, that is all I am going to argue.

Justice Shah : See, sanctioning authority is not conducting the trial. The thing is if there is application of mind. We will formulate the questions of law to be considered .

J Shah : Accused 1 to 5 were also acquitted on the sole ground one document was not considered by sanctioning authority. If sanctioning authority says prima facie satisfaction, whether further reasons are required. That is a question to be considered.

Justice Shah : We will issue notice, grant leave, we will keep it after vacation, we will formulate the questions. Need to hear accused 1 to 5 as well.

Basant : I am not objecting to granting leave.