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

Justice Shah : Whether in the absence of any objection regarding sanction, subsequently whether it is permissible. And second, if it is not there, what will be the impact on judgment on merits. This is a question to be considered.

Justice Shah : Another thing, in the entire 313 statement, the question of sanction was put to you, but except saying you are falsely implicated, you did not raise.

Basant : Sanction was there, factually I cannot dispute that.

Basant : No application was made. But at the stage of cross-examination, this plea was raised.

Justice Shah : We are asking was any specific indpendent objection raised by you during trial regarding sanction. Yes or No? A simple question.

Basant : Yes.

J Shah : Show us that, if any application was made.

Basant : 21.02.2015 is the date of framing of charges against all accused. Sanction against accused 6 was obtained on 06.04.2015.

Sr. R Basant for Accused 6 (Saibaba): On date of cognisance or on date of framing charge, there was no sanction.

Justice Shah: what is the position as on today?

SG: All are in jail. Accused no. 2 have expired pending trial. Rest are in jail.

Justice Shah : High Court has also referred to some observations of trial court but has not considered them.

SG : Trial Court has said it is a very serious offence.

SG : This is not an order of acquittal but an order of discharge. It will be an order of acquittal if merits is considered. So, the parameters of appeal are different

SG : Accused one to five are the foot soldiers. Accused 6 (Saibaba) is the master mind. When sanction was granted for 1 to 5, role of accused 6 was also considered.