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

SG refers to Section 465 Code of Criminal Procedure to state irregularities in sanction for prosecution will not vitiate trial.

SG : The facts are very very disturbing, supporting call for arms in Jammu and Kashmir, supporting overthrowing Parliament, arranging meetings with Naxalites, attacking our security forces etc.

SG : The purpose of sanction is to ensure at threshold that a person is not put to vexatious trial. This is not a vexatious trial. If after a full fledged trial persons are found guilty, there is no vexatious trial.

SG : High Court takes support of TADA, which clearly states notwithstanding anything in CrPC, sanction is mandatory.

SG : This is a trial under UAPA where CrPC applies, whereby the rigours of Section 465 CrPC which states mere irregularity in sanction is not a ground for acquittal.

SG : There are 6 accused. So far as accused 1 to 5 accused, the contention was that the sanction is not proper. So far as accused 6(Saibaba) is concerned, he did not raise the ground of sanction at trial and was raised at appellate stage.

Bench assembles.

SG : The impugned order discharging the accused is only on one ground. Not on merits. 

Bench is yet to assemble.

Solicitor General Tushar Mehta is in the court.

Senior Advocate R Basant also seen inside the court (likely to appear for respondents).