Supreme Court on Saturday suspended the Bombay High Court judgement acquitting former Delhi University professor G N Saibaba in the case related to alleged Maoist links. The SC had also stayed the release of four others discharged by the HC.
A Bench comprising justices M R Shah and Bela M Trivedi in a special sitting heard the appeal filed by the Maharastra government against Saibaba's acquittal by the Bombay High Court.
The following reasons were considered by the Bench before the order: 1) Accused were convicted after detailed appreciation of the evidence 2) Offences were very serious 3) If State succeeds on merits, offences are very serious against the interest of the society, sovereignty and integrity of India.
Since convicted of a serious offence, the request for house arrest was not accepted by the Bench.
The next hearing in the case has been set on December 8.
The Bench had observed that the HC has not considered the merits. "HC has discharged the accused only on the ground that sanction was invalid and some material which was placed before the appropriate authority and sanction was granted on the same day," the Bench dictated.
Solicitor General Tushar Mehta pointed out that accused 6 (Saibaba) was the mastermind and therefore when the sanctions are considered, the parameters of appeal are different.
After hearing both the sides, the SC Bench said: "By the impugned judgement and order, HC has discharged the accused no 1 to 5 (except accused 2 who died during pendency) on the ground that the sanction to prosecute those accused was vitiated and was invalid sanction as there was non-application of mind. Accuded 6 was discharged on the ground that at the time of cognizance or framing charge there was no sanction."
Senior advocate R Basant, who appeared for Saibaba, said that he is 90 per cent disabled and has multiple ailments that were judicially accepted. "He is confined to his wheelchair. Also, there is no criminal antecedents whatsoever for him," he said.
However, Justice Shah mentioned that so far as terrorist or Maoist activities are concerned, the brain is more dangerous and direct involvement is not necessary.
On Friday, the Bombay High Court acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case for want of valid sanction for prosecution under the stringent anti-terror law UAPA.
Following the HC order, the prosecution moved the Supreme Court against the acquittal. The SC, however, rejected its request for an immediate stay to the order.
